...of the use of arbitration to resolve commercial disputes around the world. The reasons for this marked growth, particularly in the context of cross-border transactions, are manifold. Historically, and particularly...
Search Results for : Cross-Examination
...using it for the resolution of their cross-border disputes. To apply a Darwinist metaphor, international arbitration, as a species of dispute resolution mechanisms, is, according to the interviewee, about to...
Is the End Nigh Again? An Empirical Assessment of the ...
...worked at the U.S. District Court for the S.D.N.Y., the U.S. Department of Labor, and a Washington, DC law firm. He is interested in cross-border dispute resolution, comparative law, and...
Our Student Editors
...points: Creating a binding effect across multiple contractual relationships First, it is advisable to have all involved parties across all contractual levels—i.e., including prospective addressees of recourse claims—sign a single...
Third-Party Notices: The Participation of Non-Parties in Arbitral Proceedings Based ...
Author: Rishav Ray* Jurisdictions: India International Topics: Arbitral Awards Enforcement of Arbitral Awards Grounds for Refusal of Enforcement INTRODUCTION As trade becomes increasingly globalized, disputes have evolved into cross-border issues...
Assessing the Public Policy Exception and Comparative Perspectives in Enforcing ...
Authors: Claudia T. Salomon and J. P. Duffy** Published: December 2011 Description: The globalization of business has continued to make international arbitration the preferred method for resolving cross-border commercial disputes....
Enforcement Begins When the Arbitration Clause Is Drafted* – Vol. ...
...capital spreads deeper and wider across markets, complex cross-border transactions are the new normal and have become routine. In an effort to reduce the risks associated with parties, investments, and...
Ethics for Arbitrators at the International Level: Who Writes the ...
...is a contractual basis for concluding that the party… Download Full PDF *Notes and Comments **LL.M., Columbia Law School, 2015; First State Examination in Law University of Heidelberg (Germany), 2012....
Class Arbitration – When a Silent Arbitration Clause May Still ...
...critical result-determinative decisions to admit or reject defenses solely on evidentiary grounds. Considering that almost every arbitral case is decided on the basis of evidence, a careful examination of the...
Evidentiary Principles in Investor-State Arbitration – Vol. 28 No. 1
...manner. It has propelled the arbitration regime across the board in which virtual hearings have predominately replaced face-to-face hearings. As it remains uncertain whether it will be safe for parties...
Key Considerations in Drafting Dispute Resolution Clause in the COVID ...
Articles ADR In England And Wales Dr. Loukas A. Mistelis Nothing Comes Of Nothing…Or Does It??? A Critical Re-Examination of the Doctrine of Separability in American Arbitration Law Tanya J....
Volume 12: Issue 2 (May 2002)
...concluding that the essential security provision was non-self-judging, the tribunal did not proceed to examine whether the measures could have been justified under that clause, considering that the substantive examination...