Author: Sima Ghaffari* Jurisdiction: Iran Topics: Reasons Requirement Enforcement of Arbitral Awards International Institutions and Rules Drafting an enforceable and well-reasoned arbitral award is an art. The...
Search Results for : "Arbitrators and Arbitral Tribunals
...noted that ISDS tribunals usually adopt a wider reasoning that has raised concerns that the quantum assessment often becomes a purely factual analysis (p. 281), in which tribunals have ceased...
Telling Compensable Damages Apart: Addressing Entitlement to Losses of Future ...
...the grounds for disqualifying an arbitrator], or the absence thereof“.[22] The amended Article 813(1) further specifies that the arbitrators’ duty to disclose is of an ongoing nature, with the arbitrators...
The Recent Amendment of Italy’s Arbitration Law and the Ongoing ...
...a reading of §1782 to include international arbitral tribunals. At the end of 2006, two district courts relied on Intel to hold that arbitral tribunals are entitled to judicial assistance...
A New World of Discovery: The Ramifications of Two Recent ...
...which inherently possess jurisdiction to hear disputes as the established organs of law enforcement within a legal system, arbitral tribunals are creations of contracts between parties. Arbitral tribunals exist only...
Challenges to Interim Jurisdictional Awards in Local Courts: The Power ...
...arbitral award, arbitrators must ensure its contributions are verifiable and remain fully under the tribunal’s interpretive control. Ultimately, this distinction is indispensable to maintaining fairness and reliability of arbitral decisions....
Artificial Intelligence in International Arbitration: a Rule of Law Perspective
...the award. Role of Arbitral Institutions: Arbitral institutions have the duty to also follow the same standard of compliance as arbitrators. Issues regarding advance costs, fees, and appointment of arbitrators...
Imposition of Economic Sanctions: An Embargo on International Commercial Arbitration?
...that contracting states shall recognize foreign arbitral awards as binding and enforce them without imposing substantially more onerous conditions than are applicable to domestic arbitral awards. As an exception, however,...
Reviewing Colombian Supreme Court Judgments on International Arbitral Awards
Author: Hans Smit** Published: February 2009 Jurisdiction: Sweden Topics: Arbitrators and Arbitral Tribunals Compensation of Arbitrators Costs and Damages Arbitration Fees New York Convention Description: I. THE SWEDISH LAW The...
Judicial Review of Arbitrators’ Fees: Case No. Ö 4227-06 of ...
...tribunals have decided against such literal interpretations. But perhaps due to the lack of a central, authoritative appellate body, some arbitral tribunals have gone in the opposite direction, unabashedly adopting...
Empirics-Based Umbrella Clause Interpretation
...unfortunately, this is still often the case and some factors may contribute to this reality. Often, arbitrators do not consider they must investigate corruption ex officio. Arbitral tribunals also lack...
Columbia Arbitration Day 2021 – Allegations of Corruption in International ...
...requirement of the arbitral tribunal’s unanimous decision to replace an arbitrator is abolished. (5) Arbitrators’ and secretaries’ liability is limited to willful misconduct and gross negligence. Jurisdiction of the Arbitral...