...to remit a case to the arbitral tribunal for “re-arbitration” during proceedings to set aside an award. The author, in discussing in detail the grounds for setting aside (Section II)...
Search Results for : "Arbitral Tribunal"
Author: Marcus S. Jacobs** Published: October 1993 Jurisdiction: Australia Topics: Arbitral Awards Appeal to Arbitral Tribunal and Annulment Description: Prior to the adoption of the Model Uniform Legislation by the...
Leave to Appeal and Australia’s Model Uniform Legislation: Curbing Judicial ...
...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...
Institutional Rules and Arbitral Jurisdiction: When Party Intent is Not ...
...[4] For analyses of the foreseeable difficulty of raising the defense of force majeure in relation to COVID-19, see Claire Hellweg, COVID-19 and Force Majeure: How Will International Arbitral Tribunals...
The Challenge of Scientific Uncertainty in Future Investment Disputes Related ...
...law or procedural law to govern the arbitration? The second is the arbitral tribunal’s obligation to produce a reasoned award, the parties’ ability to modify this requirement, and the enforceability...
Party Autonomy and Implied Choice in International Commercial Arbitration* – ...
...discussions on this subject, it first must be mentioned that, as in the United States, it took time before the courts in European countries even accepted that arbitral tribunals could...
The Second Look Doctrine: The European Perspective – Vol. 21 ...
...be acceptable to the arbitral tribunal in order for it to rely on such evidence when deliberating and then determining the arbitral award. While dealing with issues of fact-finding, the...
Standard and Burden of Proof in International Commercial Arbitration: Is ...
Author: Jadranka Osrecak* Published: August 2017 Jurisdictions: Croatia International Topics: Authority of the Arbitral Tribunal Right to Decide on Jurisdiction Commercial Disputes Arbitral Awards Existence and Validity of Agreement to...
The Role of Tribunals and Courts in Preserving the Rule ...
...hundreds (if not thousands) of commercial arbitration cases proceed every year, and perhaps only a handful of arbitral tribunals will be faced with the nonsignatory problem: that of determining whether...
Game, Set, and Match: Enforcement of Arbitral Awards Against Non-Signatory ...
Author: Cecilia M. Di Ció** Published: January 2002 Topics: Arbitrators and Arbitral Tribunals Arbitral Awards Recourse Against Award Generally Description: Even if one of the advantages of arbitration—as compared to...
Dealing With Mistakes Contained In Arbitral Awards* – Vol. 12 ...
...of an arbitration agreement between parties from different nations. The doctrine of competence-competence mitigates this potential risk by allowing the arbitral tribunal itself to determine whether such an agreement is...
Bitter Tiers: BG Group and the Future of Multi-Tiered International Arbitration ...
...the settlement of the dispute that currently divides the parties. In July of 2009, the arbitral tribunal in the case of Government of Sudan v. Sudan People’s Liberation Movement/Army issued...