Author: Marcus S. Jacobs** Published: October 1993 Jurisdiction: Australia Topics: Arbitral Awards Appeal to Arbitral Tribunal and Annulment Description: Prior to the adoption of the Model Uniform Legislation by the...
Search Results for : "Arbitrators and Arbitral Tribunals
Author: Michelle Lee* Published: August 2017 Jurisdiction: International Topics: Authority of the Arbitral Tribunal Right to Decide on Jurisdiction Arbitral Awards Relief and Remedies in General Court Decisions Procedure and...
Choice of Active Remedies Under the UNCITRAL Model Law — ...
Authors: Yash More* and Ved Thakur** Jurisdiction: India Topics: Arbitral Process Interim Measures of Protection Arbitrability Choice of Forum/Place of Proceedings On 12th August 2020, the Calcutta High Court in...
Do Indian Courts have the Power to Grant Anti-Arbitration Injunctions?
...by the Second Circuit’s Panel that international tribunals are only tribunals established by inter-governmental agreements. Furthermore, the legislative history leaves no doubt that new Section 1782 was intended greatly to...
Postscriptum – Vol. 8 No. 2
...either of these prerequisites, leading to the unavailability of evidence, can be tantamount to its non-existence. Due to their purely contractual nature and unlike state courts, arbitral tribunals lack coercive...
Judicial Assistance By German Courts in Aid of International Arbitration ...
...challenges of non ICSID awards under intra-EU BITs by arbitral tribunals in the EU, the judgement’s implications are still not clear. This is especially true in regards to ICSID disputes...
The Invalidity of Intra-EU Bilateral Investment Treaties after Slovakia v. ...
...relevant evidence before the arbitrators can consider it, or simulating material evidence to mislead the arbitrators. The arbitrators’ final award may be rendered ineffective if the parties can move or...
Court-Ordered Interim Measures In Aid Of International Commercial Arbitration – ...
...domestic laws for the recognition and enforcement of foreign awards are provided by the Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act 2011[ii], which puts the New York...
Seated but Unsettled: Which Law Governs an International Arbitration Seated ...
...constitute expropriation[6] In order to better understand the concept of expropriation with respect to the environment, a reference has to be made to cases determined by international tribunals. States are...
Enforcing Arbitral Awards on Expropriation Under the Environmental Magnifying Glass
...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
...revived. In our modern era, that idea deals with the “de-nationalization” of the substantive law to be applied by international arbitral tribunals. A few years later, the doctrine of the...
To Continue Nationalizing or to De-Nationalize? That Is Now the ...
...protection and security standard present in bilateral investment treaties and how arbitral tribunals have defined and applied it within the context of modern-day terrorism. Part I provides an overview of...