...by whatever method the parties approve, is an independent judge, obligated to hold hearings, take evidence, and make an award. This decision is his own, or that of a majority...
Author: Ariadne Montare* Published: October 1993 Jurisdiction: International Topics: Enforcement of Arbitral Awards Enforceability New York Convention Description: The Convention on Recognition and Enforcement of Foreign Arbitral Awards of 1958...
...issues, one of which is the legal nature of arbitral awards. According to the Croatian Constitutional Court’s decision number U-III-410/1995, an arbitral award is an act of delegated jurisdiction which...
Author: Thomas E. Carbonneau* Published: August 2012 Description: Over several decades, the federal policy favoring arbitration created a consistent judicial practice that unequivocally supported the enforceability of arbitral awards. The...
...an award.” LEGAL PRIVILEGE Legal privilege is “the right to withhold certain testimonial or documentary evidence from a legal proceeding, including the right to prevent another from disclosing such information.”[2]...
...state, or by awarding the damages to the parent companies outside the host state’s territory. The next section will discuss the taxation of awards by investors’ home states (III). Within...
...enforceability. There exists a legitimate expectation that the tribunal take reasonable steps in rendering an enforceable award. This sentiment has been memorialized in Article 26 of the 1975 ICC Rules...
Author: Dina D. Prokić* Published: May 2018 Jurisdiction: International Topics: Arbitrators and Arbitral Tribunals Compensation of Arbitrators Arbitral Awards Time Limit for Rendering Award Arbitral Process Time Limits Costs and...
...awards to be appealed on the basis of questions law. A DELICATE BALANCE Mr. Gearing’s interest in the question of whether appeals on questions of law are worth the trouble...
...Such measures, having a huge practical importance, are often indispensable if an award subsequently rendered is to be effective. Several kinds of interim measures, such as attachment, injunctions or orders...
Author: Andrea Marco Steingruber* Published: April 2010 Jurisdiction: International Topics: Sports Description: I. INTRODUCTION In 2007, the Swiss Federal Tribunal for the first time set aside an arbitral award by...
...into the annulment of awards due to the appointment of a sole arbitrator and bias. There have been multiple cases that have framed jurisprudence on the appointment of arbitrators. Nevertheless,...
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