...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...
Search Results for : "Arbitral Tribunal"
...act of appointing an arbitral tribunal can be outcome-determinative in a case, and that is precisely the reason why there is an increased focus by the parties as well as...
Regulating Arbitrator Conduct: Interplay between Independence, Impartiality and Disclosure
...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...
Third-Party Notices: The Participation of Non-Parties in Arbitral Proceedings Based ...
...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...
Restating the Exceptional Circumstances that Warrant an Order for Security ...
...an arbitration venue. By establishing clear parameters for binding non-signatories, the judgment provides much-needed predictability for complex commercial relationships. The ruling empowers arbitral tribunals to make prima facie determinations on...
Issues Relating to Non-Signatories in International Arbitration: A Comparative Analysis ...
...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...