...fraught with difficulty. Many readers of this journal will likely have encountered this problem repeatedly. If these non-signatories do not resist the arbitral tribunal’s authority to adjudicate their status, then...
Search Results for : "Arbitral Tribunal"
...Section V reviews the role of the federal antitrust agencies in remedying the failure by an arbitral tribunal to apply correctly federal antitrust laws, in light of the corresponding effects...
Judicial Deference to the Authority of Arbitrators to Interpret and ...
Author: Hans Smit* Published: June 1999 Topics: Authority of the Arbitral Tribunal AAA Description: Regrettably, but understandably, arbitrators sometimes make mistakes. Since there generally is no appeal from an arbitral...
Correcting Arbitral Mistakes – Vol. 10 No. 2
Author: Hans Smit* Published: December 1994 Topics: Authority of the Arbitral Tribunal Arbitrators and Arbitral Tribunals Applicable Law Arbitral Awards Arbitral Process Description: International arbitration may take many forms. It...
Managing an International Arbitration: An Arbitrator’s View – Vol. 5 ...
Author: Hans Smit* Published: April 2010 Jurisdiction: International Topics: Arbitrators and Arbitral Tribunals Independence and Impartiality Description: I. INTRODUCTION Statutory and institutional rules are unanimous in providing that arbitrators in...
Delinquent Arbitrators and Arbitration Counsel – Vol. 20 No. 1
Author: Alejandro M. Garro* Published: June 1990 Jurisdiction: Central America Topics: Authority of the Arbitral Tribunal Right to Decide on Jurisdiction Arbitrators and Arbitral Tribunals Selection by Arbitral Institution Challenge...
The UNCITRAL Model Law and the 1988 Spanish Arbitration Act: ...
...and the arbitral tribunal – even though the invisible third-party funder may wield substantial control over the conduct of the arbitral proceedings. These guidelines propose that, at the outset of...
Proposed Guidelines for the Disclosure of Third-Party Funding Arrangements in ...
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...
The Role of Women in Arbitration in Antiquity: A Study ...
...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. ...
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...