...extremely time-sensitive project where the dispute constitutes an insurmountable bottleneck, companies should be wary of the limitations in presenting their case or the tribunal’s (here: sole arbitrator’s) understanding of the...
Search Results for : "Arbitrators and Arbitral Tribunals
...Republic of El Salvador,[4] World Duty Free Co. v. Republic of Kenya,[5] and Metal-TechLtd. v. The Republic of Uzbekistan.[6] These cases exemplify a recurring theme in which arbitral tribunals often...
Leniency Agreements and the Standard of Proof in Investor-State Arbitration: ...
...Cooperation, 2 (Jan. 25-26, 2018), https://www.cilc.nl/cms/wp-content/uploads/2018/03/BHR-Arbitration.-Report-Drafting-Team-Meeting-25-26-January-2018.pdf. [8] Elements for Consideration in Draft Arbitral Rules, Model Clauses, and Other Aspects of the Arbitral Process, Center for International Legal Cooperation, 4-5 (Nov....
Hague Rules on Business and Human Rights Arbitration: What Lies ...
...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,...
Modern Trends in the Presentation of Evidence in International Commercial ...
...in the international field. Surely, a contributing factor is the continuing emancipation of the arbitral process from the sway of national laws and its gradual subordination to transnational standards. The...
The Future of the Law Governing the International Arbitral Process: ...
Author: Amanda J. Lee* Jurisdiction: International Topics: Arbitrators and Arbitral Tribunals “The Knight looked surprised at the question. ‘What does it matter where my body happens to be?”...
Through the Looking-Glass: Wellbeing in Arbitration — Part 2
...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 ...
...arbitration is a vital one. Unless courts are willing to enforce arbitration agreements, there may be no arbitral proceedings to which national courts may lend assistance and no arbitral awards...
The Role of National Courts at the Threshold of Arbitration* ...
...extent to which courts and arbitral tribunals may order consolidation of related arbitrations under federal and state laws in the United States without the consent of all parties involved. Based...
Absence of Consent Trumps Arbitral Economy: Consolidation of Arbitrations Under ...
...committee in Standard Chartered Bank v. TANESCO held that it could review the arbitral tribunal’s assessment of the merits only for whether it was “fair and equitable”—language that is not...
Fair and Equitable Treatment as Boilerplate – Vol. 30 No. ...
...example, some practitioners believe former judge-arbitrators are less likely to issue compromise awards than attorney-arbitrators. Not so. While the dataset does not support the hypothesis that compromise awards are prevalent,...
Putting the Baby to Rest: Dispelling a Common Arbitration Myth ...
...name of the arbitrator or arbitrators, or a majority of them, and shall be signed by the arbitrators, or a majority of them, and shall be directed to the said...