...be in line with good faith principles. After analyzing these good faith concepts, it is also important to consider its practical applications. In the international arbitration context, tribunals are not...
Search Results for : "Arbitrators and Arbitral Tribunals
Author: E. Jin Lee** Published: July 2017 Jurisdiction: International Topics: Arbitrators and Arbitral Tribunals International Character of Dispute Applicable Law Parties Description: INTRODUCTION Whether a non-signatory is bound by an...
To Bind or Not to Bind? Challenging Assumptions About Non-Signatory ...
...states before international arbitral tribunals for alleged breaches of treaty obligations. As states adopt more robust climate policies, investors have increasingly invoked ISDS provisions within IIAs in response.[13] According to...
Navigating Climate Action and ISDS Risks for South Korea
...national courts and quasi-judicial tribunals in deciding which set of laws should govern the arbitration agreement. However, it is pertinent to note that neither national courts nor tribunals are obligated...
Reinforcing the Position on Governing Law of Arbitration Agreement: An ...
Author: Dominique Jones** Jurisdiction: International Topics: Online Arbitration Electronic Documents Arbitral Process This post provides a summary of the December 9, 2020 TagTime webinar. During that episode, Catherine Amirfar† discussed...
TagTime with Catherine Amirfar – Cybersecurity and International Arbitration: A ...
Author: Aldo Berlinguer* Published: December 1995 Jurisdiction: International Topics: Independence and Impartiality Commercial Disputes ADR Description: Interest in arbitration as an alternative method for dispute resolution has dramatically expanded in...
Impartiality and Independence of Arbitrators in International Practice – Vol. ...
...initial enforcement of the subpoena in the “court for the district where compliance is required” (Rule 45(g)). An intriguing question is whether these changes might provide arbitrators operating under the...
Nationwide Arbitration Subpoenas Under the United States Arbitration Act – ...
...of the procedural costs, the fees of the arbitrators, within the minimum and maximum ranges indicated by the Schedule of Arbitrators’ Fees, and in consultation with the parties and the...
Fees and Costs Articles 67 to 72 – Vol. 9 ...
Author: Rana Sajjad* Topics: Arbitral Process Independence and Impartiality Technology AI’s problem of control has been described as the dispassionate, almost inhumane drive to achieve the objective embedded in its...
Arbitrators vs Bot-rators: Can AI Make International Arbitration Fairer and ...
...to request assistance without the arbitrators’ approval. Also, the unresolved questions about § 1782’s applicability to private arbitration create a risk that if arbitrators prevent assistance under § 1782, enforcement...
A Proposal to Clarify U.S. Law on Judicial Assistance in ...
...the substantive obligations of the arbitrators, WIPO, the Center, and the parties resulting from their participation in the arbitral process. It naturally raises the question why exclusion of liability and...
Miscellaneous Articles: Articles 77 and 78 – Vol. 9 No. ...
...that arbitrators should not rule on issues of mandatory law in any form of arbitration. And I had serious misgivings about arbitrators deciding issues of class certification and settlement in...