...parties.[21] The practice rules are finalized in the preliminary meeting of the arbitral tribunal. This can be done because the arbitral tribunal is given the freedom to devise the procedure...
...to be drafted with care and the arbitral tribunal should be open to engage in such a process while being skilful in dealing with potential practical pitfalls. In any event,...
...same disputing parties or arising out of the same transaction/ series of related transactions; and (d) the same arbitral tribunal is constituted for each arbitration. The earlier 2014 edition of...
Author: Raúl Pereira Fleury* Jurisdiction: International Switzerland Topics: Independence and Impartiality Arbitrators and Arbitral Tribunals On December 22, 2020, the Swiss Federal Supreme Court (the “Supreme Court”) handled its decision...
Author: Natália Rincon* Jurisdiction: International Topics: Authority of the Arbitral Tribunal Powers of Arbitrators Columbia Arbitration Day 2021 featured a panel discussion on “Allegations of Corruption in International Arbitration –...
...judicial assistance to international arbitral tribunals created pursuant to agreement between private parties has enjoyed increased attention from both courts and commentators. Two lower federal courts sitting in New York...
Authors: Joint Report of the International Commercial Disputes Committee and the Committee on Arbitration of the New York City Bar Association Published: December 2008 Topics: Institutional and Administered Arbitration International...
...sublet way. In this sense, arbitral tribunals have recognized a more expansive concept of property rights. In Pope & Talbot v. Canada, the arbitral tribunal recognized that a tariff-quota regime...
Author: José María Martín** Published: June 1991 Jurisdiction: Argentina Topics: Arbitrators and Arbitral Tribunals Challenge of Arbitrators Compensation of Arbitrators Arbitral Adjudication Amiable Composition Confidentiality Arbitral Awards Appeal to Arbitral...
...carry on the proceedings.[4] After discussions, the arbitral tribunal gathered the parties’ agreements and circulated “Procedural Order No. 10”.[5] Section III of the procedural order read “[t]he arbitral tribunal furthermore...
...jurisdiction of the arbitral tribunal. If the challenge was made before the arbitral tribunal had been formed, the arbitral institution may decide whether to proceed based on prima facie evidence....
...tribunals cannot simply disregard it when adjudicating investment treaty disputes.[16] In fact, arbitral tribunals are well positioned to acquire the necessary expertise (or expert advice) to adjudicate human rights issues...
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