...to be annulled or granted recognition or enforcement. This all-important early stage in the relationship between courts and arbitral tribunals has simply not received the sustained attention it deserves. This...
Search Results for : "Arbitral Tribunal"
Author: James H. Carter* Published: December 1992 Topics: Arbitrators and Arbitral Tribunals Designation of Arbitrators Categories of Disputes Commercial Disputes Description: The party-appointed arbitrator is a necessary but somewhat uncomfortable...
Living with the Party-Appointed Arbitrator: Judicial Confusion, Ethical Codes and ...
...important statements, including that an arbitral tribunal could not be considered a “tribunal” or “court” of a Member State within the meaning of Article 267 TFEU.[9] The CJEU concluded that...
The Invalidity of Intra-EU Bilateral Investment Treaties after Slovakia v. ...
Author: Kenneth Davis* Published: December 2003 Topics: Commercial Disputes Appeal to Arbitral Tribunal and Annulment Contractual Expansion or Limitation of Judicial Review Enforcement of Arbitral Awards FAA Description: I would...
Remarks on Amending the FAA – Vol. 13 No. 1-4
Author: Mathias Audit* Published: March 2019 Jurisdiction: International Topics: Applicable Law Arbitrators and Arbitral Tribunals Composition of Arbitral Tribunal Right to Decide on Jurisdiction Right to Determine Applicable Law Categories...
The Extraterritoriality of Laws in International Arbitration – Vol. 29 ...
...of interaction lies in the influence that human rights, environmental, or climate change law can have on the assessment, valuation, and design on reparative relief proposed to arbitral tribunals. The...
TagTime with Prof. Diane Desierto – Invoking Climate Change, Environmental ...
...to arbitration? This question requires a review of the “negative” aspect of “competencecompetence.” While “positive” competence-competence provides an arbitral tribunal with the power to decide its own jurisdiction, the negative...
Court Litigation Over Arbitration Agreements: Is It Time for a ...
...such general terms as to provide little concrete direction or guidance to the arbitral tribunal. Cost awards, commentators have observed, are therefore by and large entrusted to the broad discretion...
Cost Awards in International Commercial Arbitration: Proposed Guidelines for Promoting ...
...which provided for arbitration to determine compensation for the French residents of Buenos Aires harmed by the popular uprising. A six-member arbitral tribunal was constituted, three members appointed by Argentina,...
Perspectives of International Arbitration in Latin America – Vol. 17 ...
...the arbitral tribunal due to lack of clarity in the arbitration agreement. The arbitration clause in Schein does not talk about arbitrability, which makes the inference of which forum to...
TagTime with Dr. Julie Bédard*** – Who Decides: Courts or ...
...to materialize. However, the latter is closer to an interpretational rule, and only requires invocation by arbitral tribunals. Broadly, ‘systemic integration’ refers to the principle that even if a tribunal...
Systemic Integration: Resolving the Dichotomy of Competing Obligations in International ...
...and three awards made concerning the jurisdiction of an arbitral tribunal established under the NAFTA to hear a claim. The following is a brief commentary on the first of these...