...would have sufficed to delegate the said powers to an arbitral tribunal itself, instead of delaying the formation of the arbitral tribunal in the first place. It is a regressive...
Search Results for : "Arbitral Tribunal"
...has followed a different approach. Sections 24(1)(a) and 33(a) refer to the “impartiality” of an arbitrator and the duty of the arbitral tribunal to act “impartially“. However, there is no...
The Recent Amendment of Italy’s Arbitration Law and the Ongoing ...
...through an arbitration agreement, the arbitral Tribunal also cannot have an inherent power to do something that would be inconsistent (including implicitly) with the instrument under which that Tribunal is...
Confidentiality in International Commercial Arbitration: Determining Factor for Safeguarding the ...
Author: Devorah Spigelman Jurisdiction: International United States New York Topics: Arbitrators and Arbitral Tribunals Selection by Arbitral Institution Roster of Arbitrators AAA ADR You can read the...
Jay-Z and the Case for Diversity in Arbitral Tribunals — ...
...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...
Interim Measures in International Arbitration: The Case for Applying High ...
Author: Michael Penny* Published: May 2002 Jurisdiction: Canada Topics: Court Decisions Judicial Assistance in Procedural Matters Practice and Procedure Discovery Evidence Description: Canadian law and practice over the past two...
Letters Of Request: Will A Canadian Court Enforce A Letter ...
...and leave it to the tribunal to decide.[11] The ICDR Rules mention privilege explicitly. They state that the arbitral tribunal shall take into account applicable principles of privilege, such as...
TagTime with Samaa Haridi – Legal Privilege in International Commercial ...
...against the two Italian companies raised the issue of arbitrability of the dispute owing to the sanctions. An interim decision was granted by the arbitral tribunal, which differentiated between the...
Imposition of Economic Sanctions: An Embargo on International Commercial Arbitration?
...the time had come to “specify which disputes […] may be brought before an arbitral tribunal pursuant to Article 26 ECT.”[15] One might wonder: Did the ECJ simply seize the...
Lights Out for the Energy Charter Treaty? The ECJ’s Next ...
...parties.[21] The practice rules are finalized in the preliminary meeting of the arbitral tribunal. This can be done because the arbitral tribunal is given the freedom to devise the procedure...
Key Considerations in Drafting Dispute Resolution Clause in the COVID ...
Author: Raúl Pereira Fleury* Jurisdiction: International Switzerland Topics: Independence and Impartiality Arbitrators and Arbitral Tribunals On December 22, 2020, the Swiss Federal Supreme Court (the “Supreme Court”) handled its decision...
Beware of What You Tweet – Social Media and the ...
...judicial assistance to international arbitral tribunals created pursuant to agreement between private parties has enjoyed increased attention from both courts and commentators. Two lower federal courts sitting in New York...