Author: Alan Scott Rau* Published: September 1999 Jurisdiction: United States Topics: Authority of the Arbitral Tribunal Powers of Arbitrators Arbitrators and Arbitral Tribunals Responsibility of Arbitrators Arbitrability Description: “It is...
Search Results for : "Arbitrability"
...However, the use of the term “arbitrability” in the framing of this question has introduced and is the source of substantial confusion. This is because the term “arbitrability,” as used...
The Rules Governing Who Decides Jurisdictional Issues: First Options v. ...
...which, or under the law of which, that award was made. (V, 1, a-e)Additionally, some other exceptions pertain to subject matter inarbitrability or violation of the country’s public policy in...
Reviewing Colombian Supreme Court Judgments on International Arbitral Awards
...explains Law 5016/2023 by highlighting the practical approach of the revision and its most important novelties. Scope of Application and Arbitrability Law 5016/2023 may apply only upon the parties’ agreement...
Unpacking the New Greek Law on International Commercial Arbitration
...contributed significantly to the growth of arbitration in Brazil. Some of BAA’s main features are described below. BAA (Article 1) provides for a broad definition of arbitrability, stating that parties...
Mining Arbitration in Brazil
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
...International Journal of Diplomacy and Economy 388 (2017). [25] Nihit Nagpal and Devika Mehra, Public Policy and Arbitrability Challenges Enforcement of Foreign Arbitral Awards in India, MONDAQ https://www.mondaq.com/india/arbitration–dispute-resolution/1211184/public-policy-and-arbitrability-challenges-to-enforcement-of-foreign-arbitral-awards-in-india (Accessed: Mar...
Assessing the Public Policy Exception and Comparative Perspectives in Enforcing ...
Author: Nathalie Voser** Published: December 1996 Jurisdiction: International Topics: Commercial Disputes Arbitrability Dispute Resolution and Litigation Mandatory Rules Description: There is uncertainty in the international world of arbitration about the...
Mandatory Rules of Law as a Limitation on the Law ...
...Hague Rules may cause the awards rendered under it to be susceptible to enforceability issues. These issues may particularly arise out of reservations of the states against (i) arbitrability of...
Hague Rules on Business and Human Rights Arbitration: What Lies ...
Author: Christian Gavalda** Published: January 1993 Jurisdiction: Europe Topics: Categories of Disputes Arbitrability ECJ Description: Two parallel developments should help to bring about the more complete integration of arbitration within...
Arbitration in the Context of Community Law: A Comment on ...
ARTICLES DIGITAL PLATFORMS AND TERRITORIALITY IN INTERNATIONAL INVESTMENT ARBITRATION Duoye Xu “NON-ARBITRABILITY, MEET YOUR MAKER”: ADVOCATING FOR THE UNIVERSAL APPLICATION OF “CREATOR LAW” TO THE ESCAPE MECHANISM OF NON-ARBITRABILITY...
Volume 36: Issue 1 (November 2025)
Author: Emilia Onyema Published: May 2002 Jurisdiction: Africa Topics: Categories of Disputes Commercial Disputes Arbitrability ICSID UNCITRAL New York Convention Description: This is the first comprehensive text on international commercial...