Author: Nathan Gayer de Mena Jurisdiction: International Topics: Gender Equality and Diversity Arbitrators and Arbitral Tribunals Code of Ethics for Arbitrators Capacity and Qualifications of Arbitrators Agreement to...
Search Results for : "Arbitral Tribunal"
...of the arbitration proceeding. Investor-state arbitral tribunals have deployed anti-suit injunctions not simply to interrupt parallel state proceedings, but to interfere with related proceedings, i.e., bankruptcy proceedings and criminal investigations....
A Multi-Factor Test for Anti-suit Injunctions in ICSID Arbitration – ...
...an anti-arbitration injunction would not be maintainable in law.” Subsequently, the Supreme Court in SBP & Co. v. Patel Engineering[5] conclusively rejected the argument that an arbitral tribunal solely has...
The Muddy Waters of Anti-Arbitration Injunctions in India
...is gathered and presented to the court or arbitral tribunal. Facts are often seen as invariable and not really being in dispute. However, in practice, parties will try to interpret...
The Taking of Documentary Evidence in International Arbitration* – Vol. ...
...the New York Convention and provides for the assistance of the ordinary courts — where needed — to set the arbitral process in motion or to, authorize the arbitral tribunal...
Arbitration in Denmark* – Vol. 1 No. 1
Author: Vratislav Pechota Published: June 1990 Jurisdiction: Bulgaria Topics: Authority of the Arbitral Tribunal Right to Decide on Jurisdiction Arbitrators and Arbitral Tribunals Challenge of Arbitrators Commercial Disputes Arbitrability Arbitral...
A New Law on International Commercial Arbitration in Bulgaria* – ...
Authors: Niyati Ahuja* and Naimeh Masumy** Jurisdiction: Europe Topics: Authority of the Arbitral Tribunal Mandatory Rules International Character of Dispute In May 2018, the European Union amended its blocking regulations...
The Role of Blocking Regulations in International Arbitration: A Ground ...
Author: Pedro Sousa Uva* Published: December 2010 Topics: Independence and Impartiality Appeal to Arbitral Tribunal and Annulment Description: “[The review on the merits is, whatever euphemistic phraseology is used, in...
A Comparative Reflection On Challenge Of Arbitral Awards Through The Lens ...
Author: Jerome Newton** Published: March 2019 Jurisdiction: International Topics: Categories of Disputes Investment Disputes NAFTA ICSID BITs WTO UNCITRAL Description: I. INTRODUCTION In March 2017, an arbitral tribunal delivered the...
Not Patently an Investment: Enforcing Intellectual Property Claims in Investment ...
...BV. Achmea dealt with whether an intra-EU bilateral investment treaty (BIT) between the Netherlands and Slovak Republic could allow a contracting state to bring proceedings before an arbitral tribunal where...
The Post-Achmea EU: Uncertainty in the Face of Change
...from pursuing litigation (or arbitration) in a foreign court (or before an arbitral tribunal). Foreign proceedings may be restrained if they are vexatious or oppressive, but considerations of comity have...
Injunctions in Favor Of and Against Arbitration – Vol. 21 ...
...intervene or, conversely, to what extent should decision of the issue of the arbitrators’ jurisdiction be left with the arbitral tribunal, subject to what (if any) subsequent court review. It...