...decision. Another reason for choosing arbitration lies in the non-appealable nature of the decisions rendered by the arbitral tribunal, which prevents the case from unfolding through successive instances due to...
Search Results for : "Arbitral Tribunal"
...“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....
Provisional Relief in International Arbitration: The ICC and Other Proposed ...
...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...
Do Indian Courts have the Power to Grant Anti-Arbitration Injunctions?
...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...
Specific Relief in International Arbitration
...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...
Impartiality or Nationalism? Unpacking the Russian Supreme Court’s Ruling and ...
...invoke the arbitration clause in the agreement with a view to challenge the validity of the termination notice. An arbitral tribunal constituted in 2013, about nine months after the...
The DMRC Case: An Ongoing Walk to Execute Arbitration Award
Author: Sergio Le Pera* Published: March 1991 Topics: Arbitral Awards Appeal to Arbitral Tribunal and Annulment Enforcement of Arbitral Awards Enforceability ICC New York Convention Description: After five years of...
Where to Vacate and How to Resist Enforcement of Foreign ...
Author: Hans Smit** Published: April 2009 Topics: Arbitral Awards Appeal to Arbitral Tribunal and Annulment Enforcement of Arbitral Awards Enforceability New York Convention Description: I. INTRODUCTION Annulment of arbitral awards...
Annulment of an Arbitral Award and Its Subsequent Enforcement: Two ...
...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...
Case Comment: Comissa v. PEMEX, 832 F.3d 92 (2d Cir. ...
Author: Arthur W. Rovine* Published: January 2013 Description: This paper is devoted to § 1782 of Title 28 of the U.S. Judicial Code, and particularly its application to private international...
Section 1782 and International Arbitral Tribunals: Some Key Considerations in ...
Author: Claire Hellweg* Jurisdiction: International Topics: Defences Prior to the current COVID-19 pandemic, recent trends have indicated that international tribunals are reluctant to accept claims of force majeure as a...
COVID-19 and Force Majeure: How Will International Arbitral Tribunals Treat ...
...arbitral proceedings. Within that quite wide topic, there has in recent years been a significant shift in the practices adopted by arbitral tribunals, and the lawyers who appear before them,...