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...
Search Results for : "Arbitral Tribunal"
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 –...
Columbia Arbitration Day 2021 – Allegations of Corruption in International ...
...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...
American Judicial Assistance to International Arbitral Tribunals – Vol. 8 ...
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...
Secretaries to International Arbitral Tribunals – Vol. 17 No. 4
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...
Argentina’s General Arbitration Tribunal: A Successful Pattern of Private Justice* ...
...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...
Lessons from the Past: Avoiding the Frankfurt Surprise in the ...
...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....
Chinese Ministry of Justice Proposes Amendments to its Arbitration Law
...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...
Columbia Arbitration Day 2020
...debtor’s failure to honor a London-seated arbitral award. The arbitral tribunal had granted damages, interest and costs to the creditor in the award. The creditor sought initiation of the CIRP,...
Foreign Arbitral Awards Under Indian Insolvency Law: Room for Improvement?
Authors: Atul Pal* Topics: Precedent Rules Decisions Introduction The term “precedent” was derived from the doctrine of “stare decisis” with a literal meaning of “standing by what is decided.” A...
The Viability of Precedents in Arbitration
Authors: Henrique Carneiro* Jurisdiction: International Topics: Umbrella Clauses Investment Arbitration Introduction For decades, arbitral tribunals and legal commentators have debated about the proper way to interpret the...
Empirics-Based Umbrella Clause Interpretation
Author: Kruthi Venkatesh* Jurisdictions: International Topics: NAFTA Denial of Justice Fair and Equitable Treatment (FET) Due Process In an unprecedented finding, the arbitral tribunal under the North American Free Trade...