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...
Search Results for : "Arbitrability"
...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...
The Brazil-Nigeria Samba: From Partners in Business to Parties in ...
...reject its own motion on the grounds of arbitrability and public policy two of the grounds used at Lahore in 2024 does not contain the phrase that the court relied...
Seated Elsewhere, Sued at Home: Pakistan’s Unheard Answer to Star ...
...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 ...
...Supreme Court in K.K. Modi v. K.N. Modi articulated the essential elements of an arbitration agreement—binding intention, arbitrability, enforceability, and impartial adjudication. Yet, despite this modern statute, judicial inconsistency persisted....
India’s Pathological Arbitration Clauses: Time for a Doctrinal Cure
...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...