...security for costs. This post looks to restate what those circumstances are. II. ARBITRAL TRIBUNALS’ RELUCTANCE TO AWARD SECURITY FOR COSTS In a well-known turn of phrase, Gavan Griffith compared...
Search Results for : "Arbitral Tribunal"
...it could have ordered only an opt-in form. The latter issues neither the arbitral tribunal nor the two federal courts addressed. The relation between the courts and arbitral tribunals in...
Class Actions in International Arbitration: Applicable Rules and Law – ...
...will the arbitral tribunal rule based on a body of a non-State law or, with the parties’ assent, ex aequo et bono. In regard to procedural matters, the arbitral tribunal...
What Should Be the Applicable Law to Arbitration Agreements?
...BIT itself. Apart from the jurisdictional hurdles, counterclaims must have a “close legal and factual connection” to the claimant’s primary claims in order to be admissible before an arbitral tribunal.[13]...
Bridging the Gap Between Investment Arbitrations and Environmental Concerns: Can ...
...the path to becoming a great advocate is paved with lessons learned on your feet. Yet, it is primarily domestic courts, not arbitral tribunals, and institutions, that presently appear to...
Championing the Junior Arbitration Advocate: What Can Arbitration Learn ...
...held that an arbitral tribunal, as a creature of contract between the parties, is not empowered to award pendente lite interest or future interest when the parties had specifically agreed...
Pendente Lite Interest and Future Interest Cannot be Awarded by ...
...the various institutional arbitration procedures that allow an arbitral tribunal, upon a timely request by a party, to correct errors in an arbitral award that are clerical, mathematical or computational...
International and Domestic Arbitration Procedure: The Need for a Rule ...
Authors: Subhash Bhutoria,* Sima Ghaffari** & Amin Motamedi*** Jurisdiction: International Topics: Specialized Arbitration International Institutions and Rules Institutional and Administered Arbitration INTRODUCTION Disputes, in the present times, have become complex...
Art Disputes and the Court of Arbitration for Art: Evolution ...
Author: Menalco J. Solis* Published: December 2018 Jurisdiction: International Topics: Arbitral Awards Parties Waivers Appeal to Arbitral Tribunal and Annulment Description: I. INTRODUCTION Parties in an arbitration should have the...
Removing Awards to the Autonomous Arbitral System by Waiving the ...
...international arbitral tribunal independent from the host state.[4] Without this effective enforcement avenue, any substantive guarantees are no guarantees at all. Other than the nationality requirement, these two features (investors’...
Treaty Terminating the Intra-EU BITs: a Game-Changer or … Not?
Author: M. Scott Donahey** Published: June 1993 Topics: Arbitrators and Arbitral Tribunals UNCITRAL Description: A “truncated tribunal” is one that consists of three or more arbitrators, always an odd number,...
The UNCITRAL Arbitration Rules and the Truncated Tribunal* – Vol. ...
...against the host state before an international arbitral tribunal, seeking compensation for alleged damages caused by the measures, or seeking to invalidate the guidelines. It’s important to note that the...