...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...
Author: Stefan Kröll* Published: August 2012 Description: I. INTRODUCTION Most modern arbitration laws and institutional rules now explicitly allow for interim relief by arbitral tribunals. The traditional hostility towards arbitral...
Author: Alexander Ojugbeli Jurisdiction: International Russia Ukraine Topics: BITs Authority of the Arbitral Tribunal In May 2018, the Permanent Court of Arbitration (PCA) issued a monumental decision holding Russia accountable...
...arbitral tribunal, allocation of costs and third-party funding, as well as establishing rules making arbitration involving corporate litigation non-confidential and requiring proper disclosure of information about the commencement and development...
...is its institutional guarantee of neutral and independent arbitrators. It is a fundamental requirement in international arbitration that the members of the arbitral tribunal be independent and impartial in relation...
Author: Shavonne Hui Si Teo** Jurisdiction: International Topics: Capacity and Qualifications of Arbitrators Challenge of Arbitrators Composition of Arbitral Tribunal Arbitrators and Arbitral Tribunals Jurisdiction and Powers of the Courts...
...are necessary because the Kyrgyz Republic has not managed to successfully challenge the jurisdiction of any international arbitral tribunals.[2] Nor has the country won a single case against foreign investors...
...principle of arbitration, i.e. the rule of kompetenz-kompetenz embodied in Section 16[4] of the ACA. The aforementioned provision empowers the arbitral tribunal, alone, to rule on its own jurisdiction and...
...“Referee” prior to the time an arbitral tribunal or competent court is seized with the case in which permanent relief is sought. The Rules introduce a novelty in international arbitration....
...defendant that it would not resist the enforcement of the award by advancing arguments against the arbitral tribunal’s jurisdiction. What makes this case even more significant is the fact that...
...in Russia. Here, the Supplier did not nominate an arbitrator, leading FOSFA to appoint a Ukrainian arbitrator on its behalf. The arbitral tribunal was composed of arbitrators from Ukraine, the...
...a state-owned entity’s decision to exercise rights of “administrative rescission,” the very claim at issue in the arbitration, was not subject to arbitration.[1] December 2009 Arbitral Tribunal issued the final...
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