...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...
Search Results for : Authority Arbitral Tribunal
...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 ...
...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 ...
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 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 ...
...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 ...
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?
...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
...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 ...
...Authority of the Arbitral Tribunal Description: This article argues that international sovereign debt arbitration should incorporate elements and best practices from both commercial and investment arbitration and should be promoted...
A Human Rights-Based Arbitral Tribunal for Sovereign Debt – Vol. ...
...interpretation. Arbitral tribunals, as was emphasised in Achmea, generally do not form part of the judicial system of the Member States. The ECJ has now extended this finding to tribunals...
Lights Out for the Energy Charter Treaty? The ECJ’s Next ...
...Arbitration Rules. Article 17.1 provides that “the arbitral tribunal may conduct the arbitration in such manner as it considers appropriate[.]”[3] As an option that the arbitral tribunal “may” consider, Article...