...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...
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...
...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,...
...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...
...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...
...it is unsafe to generalize, especially as civil-law jurisdictions may have state as well as federal law. When evidence is presented to whatever tribunal (whether national court or arbitral tribunal),...
...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...
...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...
Author: Sami Kallel* Published: October 1993 Jurisdiction: Tunisia Topics: Authority of the Arbitral Tribunal Arbitrators and Arbitral Tribunals Commercial Disputes Investment Disputes Arbitral Adjudication Arbitral Process Practice and Procedure Description:...
Author: Thomas E. Carbonneau* Published: January 2009 Jurisdiction: United States Topics: Authority of the Arbitral Tribunal Arbitrators and Arbitral Tribunals Arbitral Awards Description: I. INTRODUCTION: THE U.S. SUPREME COURT AND...
...injunctions and damages awards issued by an arbitral tribunal. It first considers the Regulation’s effect on a court’s damages judgment. It then discusses the enforcement of anti-suit injunctions and damages...
Author: M. Logan Wright* Published: November 2017 Jurisdictions: International United States Topics: Authority of the Arbitral Tribunal Right to Decide on Jurisdiction Arbitrators and Arbitral Tribunals Code of Ethics for...
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