...embraces the Kompetenz-Kompetenz doctrine, stating that the arbitral tribunal has the power to rule on its own jurisdiction, ex officio, or challenged by any of the parties. Brazilian courts generally...
Search Results for : "Arbitral Tribunal"
...Cabranes, affirmed the lower court’s ruling that an arbitral tribunal created by private contract is not “a foreign or international tribunal” within the meaning of Section 1782. The decision is...
Postscriptum – Vol. 8 No. 2
...Lebanon’s international investment agreements contain a full protection and security (FPS) clause.[11] These provisions have received relatively little attention by arbitral tribunals compared to the Fair and Equitable Treatment (FET)...
Potential Arbitration Proceedings for Investor-State Disputes Arising in the Aftermath ...
Author: Duarte G. Henriques* Published: November 2017 Jurisdiction: United States Topics: Costs and Damages Description: I. INTRODUCTION In June 2015, an arbitral tribunal chaired by Professor Julian Lew ordered the...
Third-Party Funding – In Search of a Definition – Vol. ...
...Therefore, arbitral tribunals were created by law, and jurisdictional and procedural rules linked them to the judicial system. Paradoxically, the Republic of Estonia chose the Soviet approach. Download Full PDF...
Estonia Establishes A Permanent Arbitration Tribunal* – Vol. 2 No. ...
...Section V reviews the role of the federal antitrust agencies in remedying the failure by an arbitral tribunal to apply correctly federal antitrust laws, in light of the corresponding effects...
Judicial Deference to the Authority of Arbitrators to Interpret and ...
...fraught with difficulty. Many readers of this journal will likely have encountered this problem repeatedly. If these non-signatories do not resist the arbitral tribunal’s authority to adjudicate their status, then...
Deciphering De Gusa: The Enforcement in U.S. Courts of International ...
...disputing parties on this question, the arbitral tribunal can determine the procedural rules. A claimant requesting to initiate an UNCITRAL arbitration administered by ICSID based on an ICSID arbitration provision...
A Potentially Vast Procedural Framework for ICSID Arbitration Provisions Silent ...
Author: Hans Smit* Published: June 1999 Topics: Authority of the Arbitral Tribunal AAA Description: Regrettably, but understandably, arbitrators sometimes make mistakes. Since there generally is no appeal from an arbitral...
Correcting Arbitral Mistakes – Vol. 10 No. 2
Author: Hans Smit* Published: December 1994 Topics: Authority of the Arbitral Tribunal Arbitrators and Arbitral Tribunals Applicable Law Arbitral Awards Arbitral Process Description: International arbitration may take many forms. It...
Managing an International Arbitration: An Arbitrator’s View – Vol. 5 ...
...and the arbitral tribunal – even though the invisible third-party funder may wield substantial control over the conduct of the arbitral proceedings. These guidelines propose that, at the outset of...
Proposed Guidelines for the Disclosure of Third-Party Funding Arrangements in ...
Author: Alejandro M. Garro* Published: June 1990 Jurisdiction: Central America Topics: Authority of the Arbitral Tribunal Right to Decide on Jurisdiction Arbitrators and Arbitral Tribunals Selection by Arbitral Institution Challenge...