...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...
Search Results for : "Arbitral Tribunal"
...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...
The Perils of Intra-Corporate Arbitration for ESG Disputes
...in place that arbitral tribunals and ODR platforms can adhere to. Despite most international arbitral institutions having their own rules regarding confidentiality of proceedings, there is no uniform standard of...
Technology and Arbitration: The Age of Confidentiality Concerns and Due ...
...and oblige the arbitrators and parties alike. Article 30 of LCIA Rules impose an obligation upon the parties, the arbitral tribunal, any tribunal secretary, and experts to maintain the confidentiality...
Confidentiality Concerns in Arbitration Disputes: Implementation of Confidentiality in Courts ...
...they must investigate corruption ex officio. Arbitral tribunals also lack investigative apparatus due to their private nature, preventing them from issuing coercive investigative measures. Further, it is common for arbitrators...
TagTime with Vladimir Khvalei – Corruption in international arbitration: red flags, ...
...After all, an arbitral tribunal may very well be already constituted if the third-party notice is only issued at a later stage. For comparison, the Munich Rules allow for a...