...1958, 21 U.S.T. 2517, 330 U.N.T.S. 38 [hereinafter: New York Convention], art. I(3). [2] See https://www.newyorkconvention.org/countries (last visited Oct. 24, 2021). [3] Albert Jan van den Berg, Appeal Mechanism for...
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...bankruptcy, most of the time, these allegations are groundless. In such instances, a good knowledge of applicable law is key in order for the arbitrator to make the right decision....
TagTime with Prof. Nayla Comair-Obeid – Robust Arbitrators: How to ...
Author: Varun Tyagi* Jurisdictions: India Topics: Competence-Competence Delegation Arbitrability Anti-Arbitration Injunction Introduction Signatories to arbitration agreements often resort to Civil Courts seeking to enjoin their signatories counterparties from initiating or...
The Muddy Waters of Anti-Arbitration Injunctions in India
...M&A dispute arbitration. It shows that, despite a minor decrease of 1% in 2021 (33% of the transactions contained such clauses in 2021 and 32% in 2020), previous years have...
Arbitration In Cross-Border Merger & Acquisition Transactions: An Advantage?
...trend of moving towards a narrow and restrictive application of this exception.[24] However, similar to the situation in India, there have been instances in which courts have decided not to...
Assessing the Public Policy Exception and Comparative Perspectives in Enforcing ...
...made by the civil Court of First Instance located at the seat of arbitration. (3) A time limit of 90 days of the request for arbitration is set for the...
Unpacking the New Greek Law on International Commercial Arbitration
...in the coming years. For instance, the UK government has announced plans to introduce a new ESG framework for financial institutions. These developments are compelling corporations to reconfigure their internal...
ISDS in the Era of Mandatory ESG Guidelines: Reforming Existing ...
...ARIA Award for Dedication: Katie Klain Award for Exceptional Performance and Contribution to ARIA: Anna Gaberman Nikhil Mahadeva Qianhe Gao 2021–2022 ARIA Award for Excellence: Nathan Gayer de Mena...
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...rules of the seat. Therefore, the parties ought to exercise caution when selecting a seat and opt for those jurisdictions where the national courts show support virtual hearings. For instance,...
Key Considerations in Drafting Dispute Resolution Clause in the COVID ...
Volume 34 (2023–2024) Issue No. 1 | No. 2 | No. 3 | No. 4 Volume 33 (2022–2023) Issue No. 1 | No. 2 | No. 3 | No. 4...
Issues
...transcript of the 2021 Proskauer Lecture on International Arbitration delivered by the author in May 2021. PREVIEW […] Before addressing the legal challenges of the iura novit arbiter principle...
Iura Novit Arbiter: Truth or Fiction? – Vol. 32, No. ...
...India changed after the introduction of multiple amendments to the Arbitration and Conciliation Act, 1996 (hereafter “The Act”), the latest one being the Arbitration and Conciliation (Amendment) Act, 2021 (hereafter...