Search Results for : Tribunals

...efficient dispute resolution and preserve business relationships, these clauses have generated significant jurisprudential complexity regarding their enforceability. This article examines how courts and **tribunals** across major jurisdictions approach the enforcement...

A Comparative Analysis of the Enforcement of Multi-tier Dispute Resolution ...

October 13, 2025 in Blog tagged Authority of the Arbitral Tribunal / Dispute Resolution and Litigation / Jurisdiction and Powers of the Courts in Matters of Arbitration Generally / Mediation by Skye Lantian Chen

...a growing number of investment treaty claims.[1] As sanctions-related disputes begin to reach arbitral **tribunals**, they expose an unresolved question in indirect expropriation doctrine: how should investment law distinguish between...

How Long Is Too Long? Reviewability and Indirect Expropriation in ...

August 11, 2026 in Blog tagged ECJ / European Union / Investment Disputes / Luxembourg / Sanctions by Thomas Charnotet

...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...

Imposition of Economic Sanctions: An Embargo on International Commercial Arbitration?

July 19, 2023 in Blog by Yue-Zhen Li

...on such claims. But despite their frequent use in international arbitration, the arbitral community has yet to agree on standards that **tribunals** should employ in dealing with them. Those standards...

Interim Measures in International Arbitration: The Case for Applying High ...

February 14, 2024 in Blog by Yue-Zhen Li

...respondent’s participation, and tribunals are entitled to render awards in the respondent’s absence. In analyzing the myriad issues that claimants and tribunals face in this situation, this article focuses on...

Respondents’ Non-Participation in International Arbitration: A Practical Analysis for Claimants ...

November 10, 2020 by clairesheridan

...for claims themselves is the language and wording of IIAs, which determines the tribunal’s jurisdiction over counterclaims. Tribunals have noted that investment treaties are “inherently asymmetrical”[10] in nature, and have...

Bridging the Gap Between Investment Arbitrations and Environmental Concerns: Can ...

March 26, 2019 in Blog by ARIA

...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 ...

February 15, 2022 in Blog by ARIA

...the New York Convention, English courts must conduct a full de novo review of an arbitral **tribunal’s** jurisdictional findings, rather than showing deference to the **tribunal’s** determination. This approach prioritizes...

Issues Relating to Non-Signatories in International Arbitration: A Comparative Analysis ...

July 6, 2025 in Blog tagged Jurisdiction and Powers of the Courts in Matters of Arbitration Generally / Mediation / Mediators / Practice and Procedure / Third Parties in Arbitral Proceedings by Alexandra Desmedt

...affect the way that **tribunals** assess the reasonableness of government measures considering the scientific uncertainty surrounding COVID-19. While investment **tribunals** do not adhere to stare decisis, they tend to be...

The Challenge of Scientific Uncertainty in Future Investment Disputes Related ...

October 27, 2020 in Blog by clairesheridan

Author: Claire Hellweg* Jurisdiction: International Topics: Defences Prior to the current COVID-19 pandemic, recent trends have indicated that international **tribunals** are reluctant to accept claims of force majeure as a...

COVID-19 and Force Majeure: How Will International Arbitral Tribunals Treat ...

October 15, 2020 in Blog by clairesheridan

...tribunals. The subject was of great interest to Hans Smit. It was one on which he spent substantial time and effort, including the question of its application to international arbitration...

Section 1782 and International Arbitral Tribunals: Some Key Considerations in ...

July 18, 2020 by Claire Sheridan

...which inherently possess jurisdiction to hear disputes as the established organs of law enforcement within a legal system, arbitral tribunals are creations of contracts between parties. Arbitral tribunals exist only...

Challenges to Interim Jurisdictional Awards in Local Courts: The Power ...

July 29, 2020 by Claire Sheridan