...providing for UNCITRAL proceedings in investment treaties preclude the jurisdiction of the CJEU, those in commercial arbitration agreements should produce the same effect, as they may need to examine EU...
Search Results for : "Arbitration Agreement"
...the ECJ found that EU law precludes Member States from concluding an ad hoc arbitration agreement with an investor from another EU Member State.[30] Still, solace might be found. The...
Lights Out for the Energy Charter Treaty? The ECJ’s Next ...
...clauses in their arbitration agreements that define permissible applications of AI and outline corresponding disclosure requirements. These measures approximate the transparency and governance expectations articulated in the Rule of Law...
Artificial Intelligence in International Arbitration: a Rule of Law Perspective
...remote hearing, whether an arbitral tribunal has the authority to order so. Parties’ arbitration agreement incorporating institutional rules which further grant arbitrator(s) power to determine the arbitral procedure, poses an...
Is it appropriate to conduct a remote hearing under the ...
...out for the Streamlined Procedure under the SIAC Rules 2025 will take precedence over the arbitration agreement, including an agreement to appoint more than one arbitrator.[9] Timeline for appointment: Parties...
New Year, New Rules: Highlighting 10 Key Features of the ...
...the application for appointment of an arbitrator on the ground that the Appellant failed to prove the existence of an arbitration agreement. The Supreme Court, in an appeal filed before...
A Cautious Acceptance of Incorporation of Arbitration Clause by General ...
Author: Jean Lambert Jurisdiction: United States Canada Mexico Topics: USMCA NAFTA Investment Disputes Last month, the US, Canada, and Mexico announced the terms of the “new NAFTA’, the USMCA; a...
US-MCA Differences between Arbitration Agreements with Canada, Mexico, and the ...
...arbitral proceeding. Thus, the parties to a class arbitration must be bound by an arbitration agreement, i.e. an agreement between each member of the plaintiff class and the defendant to...
Class Arbitration – When a Silent Arbitration Clause May Still ...
Author: Maud Piers* Published: June 2012 Description: I. INTRODUCTION 1. Research setting. The European Union (“EU”) is traditionally expected to refrain from directly interfering with general national procedural law. It...
Spillovers of European Consumer Law: Validity of Arbitration Agreements and ...
...for the enforcement of foreign arbitral awards.[8] In addition, acts taken to uphold an arbitral award rendered in accordance with an arbitration agreement in which the foreign state is a...
Devas-Antrix Saga: A New Hope – Amici Curiae Brief
Author: Varun Tyagi* Jurisdictions: India Topics: Competence-Competence Delegation Arbitrability Anti-Arbitration Injunction Introduction Signatories to arbitration agreements often resort to Civil Courts seeking to enjoin their signatories counterparties from initiating or...
The Muddy Waters of Anti-Arbitration Injunctions in India
Author: Irene M. Ten Cate** Published: May 2005 Jurisdiction: United States Topics: Parties Multiple Parties Practice and Procedure Consolidation of Proceedings Description: I. INTRODUCTION Arbitration is typically characterized as a...