...same arbitrators or, with the parties’ express agreement, before another arbitral tribunal. The arbitral tribunal shall also have the power to terminate the arbitral proceedings if the relevant dispute has...
Search Results for : Authority Arbitral Tribunal
...Though sometimes conflated, these concepts have distinct implications for the enforcement of MDRCs. Jurisdiction concerns a tribunal’s authority to hear and decide a dispute. It asks whether the tribunal has...
A Comparative Analysis of the Enforcement of Multi-tier Dispute Resolution ...
...remote hearing, whether an arbitral tribunal has the authority to order so. Parties’ arbitration agreement incorporating institutional rules which further grant arbitrator(s) power to determine the arbitral procedure, poses an...
Is it appropriate to conduct a remote hearing under the ...
...the applicability of the torts of champerty and maintenance. Another significant feature of the bills is their second tier tribunals, or “award review tribunals”. These new tribunals would allow the...
The Brazil-Nigeria Samba: From Partners in Business to Parties in ...
...is a tribunal imbued with governmental authority by one nation, and an ‘international tribunal’ is a tribunal imbued with governmental authority by multiple nations,” Id. at 620-1. [12] Id. (“The...
A Pathway to Obtaining Discovery in the United States in ...
Author: Sima Ghaffari* Jurisdiction: Iran Topics: Reasons Requirement Enforcement of Arbitral Awards International Institutions and Rules Drafting an enforceable and well-reasoned arbitral award is an art. The...
Reasoned Arbitral Awards: An Iranian Perspective
...of federal courts in enforcing international arbitral awards. The issue in Baxter was whether a federal court should enforce the terms of an arbitral award which potentially mandates the parties...
Judicial Deference to the Authority of Arbitrators to Interpret and ...
...of the Arbitration and Conciliation Act, 1996, which provides that “In order to facilitate the conduct of the arbitral proceedings, the parties, or the arbitral tribunal with the consent of...
Tribunal Secretaries: Aids to Mutually Appointed Arbitrator(s) or Inclusion of ...
Author: Charvi Krishna* Jurisdictions: International Topics: Arbitrability Enforcement of Arbitral Awards Arbitral Adjudication I. INTRODUCTION It is accepted that with the rise in global economic growth, there is also...
Imposition of Economic Sanctions: An Embargo on International Commercial Arbitration?
...would have sufficed to delegate the said powers to an arbitral tribunal itself, instead of delaying the formation of the arbitral tribunal in the first place. It is a regressive...
Setting the Clock Back: Judicial Interference in the Appointment of ...
...expressly designated ICSID as the appointing authority for UNCITRAL arbitrations under that treaty, these provisions can be deemed to have implicitly designated the ICSID as the appointing and administrative authority...
A Potentially Vast Procedural Framework for ICSID Arbitration Provisions Silent ...
...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,...