...meets the “clear and unmistakable” standard parties have to demonstrate for an arbitrator’s review of arbitrability.[2] In Schein, the parties, who were both distributors of dental equipment, entered into a...
Search Results for : Capacity Parties
...by authorizing lower courts to provide parties such relief.[6] In 2015, the Arbitration Act was amended to expressly allow parties to request provisional measures from a Brazilian court either prior...
Provisional Measures in Aid of Arbitration in Brazil
...arbitral tribunals still need to be mindful of observing the parties’ rights to be heard and treated equally in order to render an enforceable award.[11] 1. Parties’ Right To Be...
Is it appropriate to conduct a remote hearing under the ...
...documents the parties’ agreement as to the content of written submissions” and continued to state that any claim made by the parties would have to be accompanied by written witness...
Lessons from the Past: Avoiding the Frankfurt Surprise in the ...
...mandatory on the parties. Even though the judgment required only actual compliance, the court observed that even if only “substantial compliance” is required, parties would be motivated to comply. The...
Whether Contractual Preconditions to Arbitration should be regarded as ‘Impediments’ ...
...sought, arbitration proceedings were within the reasonable contemplation of the parties. The order comes on the heels of the Supreme Court dismissal of Servotronics Inc. v. Rolls-Royce PLC[7] without deciding...
Using 28 U.S.C. § 1782 to Assist a Private International ...
...all reasons upon which it is based, unless the parties have agreed that no reasons are to be stated therein.” Hence, the parties can include a waiver of reasons requirement...
Reasoned Arbitral Awards: An Iranian Perspective
...empirical facts about the investment relationship between parties to the applicable international investment agreement. And the following rule of construction should emerge from such an inquiry: when the size of...
Empirics-Based Umbrella Clause Interpretation
...parties have made an agreement referred to in section 44, shall, at the request of one of the parties or any person claiming through or under him, refer the parties...
Anti-Arbitration Injunctions: The Endless Tussle for Jurisdiction
...Arbitration and Conciliation Act, 1996 allows the parties to choose the procedure to be adopted to conduct the arbitration proceedings.[23] Considering that the parties chose one set of institutional rules,...
Key Considerations in Drafting Dispute Resolution Clause in the COVID ...
...asserting its validity all depend upon the law governed by it. Once the arbitration agreement is executed between two parties, it deploys an arbitral tribunal whose prerequisite is the formulation...
Reinforcing the Position on Governing Law of Arbitration Agreement: An ...
...is available to the tribunal and the parties. This gives parties a certain security as they know that the tribunal’s discretion will draw upon existing doctrine or precedent. The downside...