...contract.[17] The second approach, i.e., the legal norm approach, consists of tribunals and courts giving effect to provisions not part of the applicable law, such as economic sanctions.[18] These are...
Search Results for : "Applicable Law"
...dispute resolution for corporate clients. Topics discussed include considerations behind choosing the arbitral seat, choosing the applicable law, appointing arbitrators, balancing confidentiality with transparency, consideration of “commercial reasonableness,” and integrating...
ARIA Report: “Arbitration in Two Worlds: U.S. and Brazilian Perspectives ...
...Rules 2020.[3] By adding Article 43 to the ICC Rules 2021, the ICC has specified the applicable law to the Rules. The new provision confers exclusive jurisdiction upon the Tribunal...
Dispute Resolution Clause in the ICC Rules 2021: An Innovative ...
...the applicable law. Furthermore, this trend is perhaps even more pronounced in Singapore than in England. Additionally, Mr. Gearing reasons that if parties agree that it will be possible to...
TagTime with Matthew Gearing QC – Appeals on Questions of ...
...confronted sports arbitration in general and the CAS in particular have been contemplated. The proposals will address three selected issues: time limits for appeals, applicable law to the merits in...
Proposals to Amend the Code of the Court of Arbitration ...
Author: Andrea K. Bjorklund Published: May 2013 Description: The question of applicable law is one of the most difficult and under-theorized in international investment arbitration. Arbitrators in investment disputes are...
Monique Sasson, Substantive Law in Investment Treaty Arbitration, The Unsettled Relationship ...
...is requested to apply soft law and religious law are similar in nature, regarding both the general acceptance of these rules as applicable law and the restrictions on their efficacy...
The Application of Soft Law, Halakha and Sharia by International ...
...provide the applicable law unless the party resisting arbitration specifically challenges the choice-of-law clause. Part IV surveys the choice-of-law practices of U.S. courts in arbitration agreement enforcement proceedings, particularly when...
A Harmonizing Framework for Choice-of-Law Practices in U.S. Judicial Enforcement ...
...of law (often referred to casually as “the otherwise applicable law”). As indicated in several of the articles in this issue, other terms – often in other languages (lois de...
Introduction: Mandatory Rules Of Law In International Arbitration – Vol. ...
...proof, as determined by the tribunal under the applicable law, a tribunal is free to determine the weight and credibility to be accorded to the evidence presented. This authority granted...
Leniency Agreements and the Standard of Proof in Investor-State Arbitration: ...
Authors: Atul Pal* Topics: Precedent Rules Decisions Introduction The term “precedent” was derived from the doctrine of “stare decisis” with a literal meaning of “standing by what is decided.” A...
The Viability of Precedents in Arbitration
Author: Bette E. Shifman* Published: June 1990 Jurisdiction: Canada United States Topics: Arbitrators and Arbitral Tribunals Challenge of Arbitrators Commercial Disputes Applicable Law Arbitral Awards Enforcement of Arbitral Awards Interim...