...it has long been accepted that an arbitral tribunal deciding the parties’ claims is empowered to grant interim measures in connection with those claims. Yet, most of those rules provide...
Search Results for : Madison Grant
...as for grant of interim reliefs under Section 9 of the Act.[8] Thirdly, the provision merely lays down the duty to maintain confidentiality and fails to address the consequences of...
Confidentiality Concerns in Arbitration Disputes: Implementation of Confidentiality in Courts ...
...that provisional relief was available in arbitration, it was granted by the arbitral tribunal that was properly seized to grant final relief. Some of these rules provide that the arbitral...
Provisional Relief in International Arbitration: The ICC and Other Proposed ...
Authors: Grant Hanessian & E. Alexandra Dosman* Published: October 2016 Description: Until relatively recently, parties to international arbitration agreements had no recourse to arbitration to preserve the status quo, conserve...
Songs of Innocence and Experience: Ten Years of Emergency Arbitration ...
...contrarius at any time. Second, even if the intra-EU BITs grant investors individual rights, the EU States have powers to terminate those rights with the Treaty. Both of these propositions...
Treaty Terminating the Intra-EU BITs: a Game-Changer or … Not?
...at least open to serious doubt”. In practice, when a considering whether to grant leave under s. 69, judges apply an impressionistic test (rather than detailed review of the merits)...
TagTime with Matthew Gearing QC – Appeals on Questions of ...
...Vice President Dhankhar noted that it was now the norm to grant an arbitral award, object to the award, appeal, and then there is a “strong tendency and , which...
The Way Forward: An Analysis of India’s New Guidelines for ...
...the Court re-did an analysis of the cancellation clause. The Court concluded that the parties had agreed upon a contingent contract – the contingent event being the grant of Government...
The Indian Supreme Court’s Judgment in NAFED v. Alimenta S.A.: ...
...courts would have jurisdiction to grant specific performance of the arbitration agreement, i.e., the power to designate the members of the arbitral panel if a party failed to do so...
The Scope of the Separability of the Arbitration Agreement under ...
...equipped to address them. U.S. courts should certainly have a mechanism in place by which they can grant judicial assistance in aid of international arbitration. Section 1782, however, as it...
A New World of Discovery: The Ramifications of Two Recent ...
...the amount of compensation that the arbitral tribunal might grant. Based thereon, the current trend in stabilization practice is that SCs cannot prevent a host government from altering the law...
Taking Stock of the Validity and Legal Impact of Traditional ...
...foreign investors beyond that provided in national legal frameworks, including constitutions, laws, and regulations, to grant access to investor-state dispute settlement mechanisms (ISDS). BITs of the Central Asian countries provide...