...potentially prejudicial to Respondent by resulting in an increased amount of pre-award interest in the event of an adverse award. Ms. Bhagnani then addressed concerns specific to a remote hearing,...
...BIT.[6] This has been referred to by Professor Arato as a “fringe position,”[7] although he himself acknowledges two other arbitral awards whose tribunals have endorsed this reasoning.[8] The “nuanced, hybrid...
...Tribunal to Award Damages Both the 2015 Model BIT and the 2024 India-UAE BIT limit the tribunal’s authority to awarding only monetary damages, explicitly excluding injunctive relief, as well as...
...of blockchain arbitration could well be that it does not just arbitrate a dispute but also facilitates enforcement of the arbitral award. For instance, in the case of small-value e-commerce...
...first final award on patents in international investment law. The North American Free Trade Agreement (“NAFTA”) Tribunal decided that judicial and statutory changes to Canada’s national law over time, which...
...from the Western world? These legitimacy issues are of particular relevance in international commercial arbitration because parties are expected to comply with awards passed by tribunals.[9] Such deference to tribunal...
Author: Julio César Rivera Jr.* Published: September 2019 Jurisdictions: United States Argentina Topics: Arbitral Awards Enforcement of Arbitral Awards Enforceability Grounds for Refusal of Enforcement UNCITRAL Model Law Commercial Disputes...
...an award challenged on the grounds that the arbitrator had, against one party’s request, conducted the arbitral proceeding without an evidentiary hearing.1 In addition, extrinsic evidence submitted had been rejected...
...of a favorable award, the third-party funder will be remunerated by the party based on an agreed percentage of the amount granted by the award (a success fee) or through...
...need to do to give you a judgment or award on good faith?” Some obligations to examine include: (1) An obligation of cooperation amongst the contracting parties; (2) An obligation...
...foreign arbitration institutions under the Framework Plan, the nationality of arbitral awards, the definition of foreign-related disputes that can be administered by foreign institutions, and finally, the judicial support before...
...last few years, however, stronger support for delocalization, particularly in the context of enforcing locally annulled awards, has been evident in a number of jurisdictions. The delocalization theory is an...
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