...international arena. Many authors, such as Gary Born, have condemned the practice on grounds of undue interference in arbitral proceedings.[15] Kompetenz-kompetenz, a key principle of international arbitration, allows arbitral tribunals...
Search Results for : Authority Arbitral Tribunal
...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...
Unpacking the New Greek Law on International Commercial Arbitration
...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 ...
...was a works contract falling exclusively under the Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983 had been rejected by the arbitral tribunal under Section 16, relitigated through Section 14 proceedings, decided...
The Supervisory Court as an Organ of the State: MPRDC ...
...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 ...
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
...to define tribunal powers. Mandates can be drawn as narrowly or as broadly as the politics require, from binary “baseball” determinations (where the tribunal must choose one side’s proposal) to...
International Arbitration as a Tool for Peace
...(referred to herein as “Early Dismissal”, across all institutional rules notwithstanding their institute-specific nomenclature). While Preliminary Determination is a mechanism enabling arbitral tribunals to conclusively decide an issue on assumed...
Preliminary Determination and Early Dismissal in Arbitration: A Distinction Without ...
...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: 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?
...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...