...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,...
Search Results for : "Arbitral Tribunal"
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...
Lion Mexico Consolidated v. Mexico: An Unprecedented Finding of Denial ...
...Republic of El Salvador,[4] World Duty Free Co. v. Republic of Kenya,[5] and Metal-TechLtd. v. The Republic of Uzbekistan.[6] These cases exemplify a recurring theme in which arbitral tribunals often...
Leniency Agreements and the Standard of Proof in Investor-State Arbitration: ...
...award made in France because the arbitral tribunal lacked jurisdiction. A key holding in the case is the declaration by the U.K. Supreme Court that a party resisting enforcement can...
A Case for Diversity in the Seat of Arbitration
Author: Esther Loh** Jurisdiction: International Topics: Powers of Arbitrators Arbitrators and Arbitral Tribunal On Nov. 17, 2020, Judith Levine† discussed key issues that arise when one party, typically the respondent,...
TagTime with Judith Levine – Arbitration in Absentia: How to ...
...a multi-party proceedings – to be shaped by arbitral tribunals and courts, which have to interpret and apply the same rules applicable to “ordinary” commercial arbitrations. Italy is an exception...
International corporate arbitration: when the arbitration clause in a corporation’s ...
...taken into account by arbitral tribunals when they make orders pertaining to costs. This question continues to be fiercely debated within the international arbitration community and remains unresolved.[23] There are...
Arbitration Finance in the Aftermath of a Pandemic: Third-Party Funding ...
Author: Toby Landau* Published: December 1998 Topics: WIPO Description: The effective constitution of an arbitral tribunal may appear, at first sight, as a straightforward and uncontroversial part of the overall...
Composition and Establishment of the Tribunal Articles 14 to 36 ...
...the Grand Chamber found that “the possibility of submitting those disputes to a body which is not part of the judicial system of the EU”[3] meant that the arbitral tribunal...
The Unresolved EU Law Question: Reorganizing the Current Status of ...
...rarely take longer than litigation before state courts,[4] except for investor-state dispute settlement (“ISDS”). Unlike traditional legal proceedings, an arbitral tribunal may issue partial awards, by bifurcating the proceedings at...