...1985 Model Law, the BAA has adopted key arbitration principles such as competence-competence and the separability of the arbitration agreement. The BAA takes a broad approach to arbitrability, establishing, for...
Search Results for : "Arbitrability"
Author: Tamieka Spencer Bruce* Published: April 2010 Jurisdiction: International Topics: Categories of Disputes Commercial Disputes Arbitrability Dispute Resolution and Litigation Mandatory Rules Description: I. INTRODUCTION Globalization and the rise of...
A Choice of Public Law? Resolving the International Arbitration’s Dilemma ...
Author: Galo Márquez * Jurisdictions: International Topics: Human Rights Arbitrability International and Transnational Law INTRODUCTION Shareholders have an interest—sometimes a duty—to ensure the long-term financial stability of a company. As...
The Perils of Intra-Corporate Arbitration for ESG Disputes
...could be predicted. The law of the place of enforcement is connected with some causes for denial of enforcement such as arbitrability and public policy under Articles V(2)(a) and V(2)(b)...
What Should Be the Applicable Law to Arbitration Agreements?
...Prager, International Arbitration and Bankruptcy: United States, France and the ICC, 18 J. of Int’l Arb. 417, 429 (2001); Alexis Mourre, Arbitrability of Antitrust Law from the European and US...
Foreign Arbitral Awards Under Indian Insolvency Law: Room for Improvement?
...establishment of civil society, and public policy. It is also necessary to tackle questions surrounding the arbitrability of the preliminary question of whether a tribunal has jurisdiction, and those surrounding...
The Role of Tribunals and Courts in Preserving the Rule ...
...the second half of the twentieth century. The treatment of arbitration clauses by national courts; the related but distinct topics of separability and arbitrability; and the appointment and removal of...
Modern Trends in the Presentation of Evidence in International Commercial ...
...of corporate law and arbitration. One of her recent works in the area of arbitration is titled Corruption in International Commercial Arbitration: Arbitrability, Admissibility & Adjudication, published in Arbitration Brief,...
A Cautious Acceptance of Incorporation of Arbitration Clause by General ...
Author: Jacques de Werra* Published: March 2020 Jurisdictions: International Europe Topics: ADR Transfer of Technology Online Arbitration Third Parties in Arbitral Proceedings Arbitrability Description: The application of the General Data...
Using Arbitration and ADR for Disputes about Personal and Non-Personal ...
...Stuart M. Boyarsky The Arbitrability of Disputes Arising From Intra-EU BITs Giovanni Zarra Standard and Burden of Proof in International Commercial Arbitration: Is There a Bright Line Rule? Abhinav Bhushan...
Volume 25: Issue 3–4 (April 2015)
...to Engage with the Hague Rules on Business and Human Rights Arbitration Shaun Milligan Arbitrability of Insolvency Disputes: Resolving the Conundrum Shashwat Bhaskar and Winy Daigavane Notes Ariadne’s Thread: Assessing...
Volume 31: Issue 2 (April 2021)
Authors: Yash More* and Ved Thakur** Jurisdiction: India Topics: Arbitral Process Interim Measures of Protection Arbitrability Choice of Forum/Place of Proceedings On 12th August 2020, the Calcutta High Court in...