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 ...

October 21, 2022 in Blog by ARIA

...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 ...

November 20, 2020 in Blog by clairesheridan

...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 ...

March 25, 2021 in Blog / TagTime by clairesheridan

...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 ...

November 23, 2022 in Blog tagged Sports Arbitration by ARIA

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 ...

July 17, 2020 by Claire Sheridan

...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 ...

July 18, 2020 by Claire Sheridan

...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 ...

July 10, 2020 by Claire Sheridan

...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. ...

July 23, 2020 by Claire Sheridan

...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: ...

January 14, 2025 in Blog tagged BITs / Corruption / Investment Disputes by Alexandra Desmedt

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

November 26, 2024 in Blog tagged Precedents by Alexandra Desmedt

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...

Developments in Adoption of the 1985 UNCITRAL Model Law on ...

July 30, 2020 by Claire Sheridan

...the designation of the applicable law through the mediation of a conflict rule. It follows from that description that the concept has limited meaning in those jurisdictions which routinely adopt...

How Do Mandatory Rules Of Law Function In International Civil ...

July 23, 2020 by Claire Sheridan