...rights) to arbitral proceedings. However, current institutional arbitration rules cannot fully accommodate the involvement of non-parties with specific procedural rights because almost none of the major institutions have provided explicit...
Search Results for : non-signatories
...Asian states are parties to the Energy Charter Treaty, and Kazakhstan and Kyrgyzstan are signatories to the Treaty on the Eurasian Economic Union, a regional economic integration agreement containing provisions...
Event Report: Exploring International Investment Law and Disputes in Central ...
...of an award where there is a dispute as to whether it is a “reasoned award.” The third is the law governing joinder of non-signatories to an arbitration. All three...
Party Autonomy and Implied Choice in International Commercial Arbitration* – ...
...non-precluded measures (“NPM”) provisions of BITs, which exempt certain state actions taken in response to extraordinary circumstances from the substantive protections of the treaties, or the necessity defense under Article...
Necessity in Investment Arbitration: Boosting the ICSID System’s Legitimacy
...Applicable to the Extension of the Arbitration Agreement to Non-Signatories Duygu Kiyak Notes Reconciling Full Protection and Security Guarantees in Bilateral Investment Treaties with Incidence of Terrorism Nicole O’Donnell Not...
Volume 29: Issue 3 (March 2019)
...of waiver, in case of non-compliance by the other party, has to be balanced with its conduct[23]. If these contractual preconditions to arbitration are not regarded as impediments, the litigants...
Whether Contractual Preconditions to Arbitration should be regarded as ‘Impediments’ ...
...of Aristotle. Whether it be creating non-statutory grounds of review or refusing to clarify those grounds, both the Supreme Court and the circuit courts have created a patchwork of non-statutory...
On Dangerous Footing: The Non-Statutory Standards for Reviewing an Arbitral ...
...principle of law in civil law countries and parties cannot invoke forum non conveniens. Similarly, the European Court of Justice also does not recognise the doctrine of forum non conveniens....
Anti-Arbitration Injunctions: The Endless Tussle for Jurisdiction
Author: Nishanth Kadur* Jurisdictions: Singapore United Kingdom International Topics: Applicable Law Arbitrability Anti-Suit Injunctions Introduction Subject-matter non-arbitrability has routinely hindered the enforcement of arbitration agreements in various jurisdictions. While cases...
Determining Arbitrability at the Pre-Award Stage: An Analysis of the ...
...many ‘young’ practitioner groups welcome those aged 40 or under 40, with a few outliers considering those aged 45 and under to be young. Nonetheless, the scope of age inequity...
A 360-Degree, Kaleidoscopic View of Diversity and Inclusion (or Lack ...
...cases in which non-monetary relief was sought by the claimants but “practically no information about the fate of the awards granting non-monetary relief was made available.” Therefore, it remained uncertain...
Specific Relief in International Arbitration
...Rules, CPR (February 20, 2018) https://www.cpradr.org/news-publications/press-releases/2018-02-20-cpr-incorporates-young-lawyer-rule-into-its-arbitration-rules (last accessed Feb. 6, 2022) [12] CPR Non-Administered Arbitration Rules (2018), https://www.cpradr.org/resource-center/rules/arbitration/non-administered/2018-cpr-non-administered-arbitration-rules; CPR International Non-Administered Arbitration Rules (2018) https://www.cpradr.org/resource-center/rules/arbitration/non-administered/2018-International-Non-Administered-Arbitration-Rules (last accessed Feb. 6, 2022)....