Author: William W. Park* Published: July 1997 Topics: Right to Decide on Jurisdiction Court Decisions Enforceability Description: To what extent — if at all — should judges defer to arbitrators’...
Search Results for : %22Right to Decide on Jurisdiction%22
...challenge to their jurisdiction in many cases brought before them. Although it is generally recognized that the arbitrator may decide upon his own competence, it is also widely accepted that...
Challenges to Interim Jurisdictional Awards in Local Courts: The Power ...
...818, once arbitrators have jurisdiction to grant interim relief, such interim jurisdiction is exclusive, thus leaving domestic courts with no concurrent interim jurisdiction.[39] Under the new ICCP, Article 818-bis, interim...
The Recent Amendment of Italy’s Arbitration Law and the Ongoing ...
...it was previously mentioned, the UEFA Statutes excludes the jurisdiction of national courts with regard to appeal against the decisions taken by its organs. Eventually, the CAS decided the appeal...
Proposals to Amend the Code of the Court of Arbitration ...
Author: Aditya Gogna** Jurisdiction: International United States Topics: Arbitrability Jurisdiction and Powers of the Courts in Matters of Arbitration Generally This post summarizes Dr. Julie Bédard’s discussion with Dr. Kabir...
TagTime with Dr. Julie Bédard*** – Who Decides: Courts or ...
...standards to be considered valid and imposed. See Kevin LaCroix, Dutch Court Oks Petrobras Claim Jurisdiction Despite Brazilian Arbitration Clause, the D&O Diary, (Sep. 23, 2018), https://www.dandodiary.com/2018/09/articles/international-d-o/dutch-court-oks-petrobras-claim-jurisdiction-despite-brazilian-arbitration-clause/. See also Kevin...
Overview of Securities Arbitration in Brazil: Challenges and Developments
...issues that require specialized knowledge and a tailored approach. However, in many jurisdictions, these cases are heard by courts of general jurisdiction that don’t have specialized knowledge of human rights...
TagTime with Dr. Yas Banifatemi – Arbitration as a means ...
...LCIA Arbitration Rules as effective on 1 October 2020 (“Article 23. Jurisdiction and Authority. 23.1 The Arbitral Tribunal shall have the power to rule upon its own jurisdiction and authority,...
The Perils of Intra-Corporate Arbitration for ESG Disputes
...decide that joinder of the non-signatories threatens to encumber the arbitration with status issues that are collateral to the merits, perhaps inviting an entire jurisdictional phase of the case that...
Deciphering De Gusa: The Enforcement in U.S. Courts of International ...
Author: Shavonne Hui Si Teo** Jurisdiction: International Topics: Capacity and Qualifications of Arbitrators Challenge of Arbitrators Composition of Arbitral Tribunal Arbitrators and Arbitral Tribunals Jurisdiction and Powers of the Courts...
TagTime with Dr Stephan Wilske – The Phenomenon of the ...
Author: Aurelia Grigera* Jurisdictions: International Argentina Topics: Defenses Investment Disputes ICSID WTO INTRODUCTION Many times in history, governments of different states have been forced to make decisions to protect their...
Necessity in Investment Arbitration: Boosting the ICSID System’s Legitimacy
...jurisdiction of the arbitral tribunal. If the challenge was made before the arbitral tribunal had been formed, the arbitral institution may decide whether to proceed based on prima facie evidence....