...Separability and Competence-Competence in International Arbitration: Ex Nihilo Nihil Fit? Or Can Something Indeed Come from Nothing?, 13 AM. Rev. Int’l Arb. 19, 19 (2002). [2] See, e.g. Emmanuel Gaillard...
...the validity of arbitrator jurisdiction. In U.S. law, the controlling statute, because of its antiquated character, fails to recognize the separability and kompetenz-kompetenz doctrines.4 These legal doctrines are vital to...
...Stewart McClendon The Scope of the Separability of the Arbitration Agreement under Argentine Law Horacio A. Grigera Naon The German-German Merger: Changes in Arbitration Law and Practice Otto Sandrock Developments...
...apply the doctrine of separability and held that the managing director might be ineligible to serve as an arbitrator, but that is distinct from his responsibility to nominate an arbitrator.[14]...
...consequences. At the stage of initiation of claims, courts and other tribunals consider the basic principle of party autonomy and the doctrine of separability. It is possible that the main...
...the second half of the twentieth century. The treatment of arbitration clauses by national courts; the related but distinct topics of separability and arbitrability; and the appointment and removal of...
...An Outline of Recent Changes in Soviet Domestic and International Arbitration Vratislav Pechota Sojuznefteexport v. JOC Oil Ltd.: A Recent Development in Theory of the Separability of the Arbitration Clause...
Articles Everything You Really Need To Know About “Separability” In Seventeen Simple Propositions Alan Scott Rau The Tensions Between Confidentiality And Transparency In International Arbitration Cindy G. Buys The New...
Authors: Aldo Berlinguer* and Maria Veronica Saladino** Published: February 2022 Jurisdictions: International Italy United States Topics: Agreement to Arbitrate Separability Defects and Invalidity Amendments and Rectification ABSTRACT Should a dispute...
...Separability Description: Bribery in the international marketplace continues to be a serious obstacle to efficient and fair international trade. Recent findings indicate that bribery not only continues to thrive but...
...Top Court Rejects Modern Arbitration Louise Barrington Notes & Comments Spanish Perspectives on the Doctrines of Kompetenz-Kompetenz and Separability: A Comparative Analysis of Spain’s 1988 Arbitration Act Christian Herrera Petrus...
...1985 Model Law, the BAA has adopted key arbitration principles such as competence-competence and the separability of the arbitration agreement. The BAA takes a broad approach to arbitrability, establishing, for...
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