...decision based on the evidence and arguments to be presented before the arbitration tribunal. The parties agree in advance that his determination, the award, will be accepted as final and...
Search Results for : "Award"
...would deprive bona fide award creditors of the benefit of their awards—including, it appears, ICSID awards. Those of us who grew up seeing the EU as a champion of the...
Columbia Arbitration Day 2020 Keynote Address: Uncanny: Investment Arbitration’s Three ...
...for the court supervision of arbitral awards excludes the judicial review of the merits of awards. The 1985 UNCITRAL Model Law on International Commercial Arbitration, along with the 1958 New...
At the Crossroads of Legitimacy and Arbitral Autonomy – Vol. ...
Articles Commercial Multi-Party Arbitration: A Case-by-Case Approach Andreas Austmann Developing Views on What Constitutes a “Foreign Arbitration Agreement” and a “Foreign Award” Under the New York Convention Lawrence F. Ebb...
Volume 1: Issue 3 (October 1990)
...two jurisdictional awards: Ethyl Corporation and the Government of Canada (the “Ethyl Award”). It canvasses the various arguments made before the tribunal, and evaluates the tribunal’s decisions in respect of...
The Ethyl Arbitration: First of Its Kind and a Harbinger ...
...employees as arbitrators. In such a scenario, continuing with the arbitration proceeding would have been futile due to the high probability of the award getting vacated. The decision in Trout...
Unilateral Arbitrator Appointments in the US – A tussle between ...
...the arbitration clause or who did not perform the contract upon which a dispute is based, has a right or obligation to arbitrate or to have an award binding upon...
The “Privy to Arbitration” Doctrine: The Withering of the Common-Law ...
...around the following two key values: granting maximum protection to foreign investors and safeguarding host States’ ability to regulate in the public interest. Characterizing an award, a treaty provision, an...
The Investment Treaty System as Judicial Review – Vol. 24 ...
...awards. The Ninth Circuit proclaimed that parties may implicate state law in arbitration agreements to circumvent the limited judicial review of arbitral awards available under the FAA. This will frustrate...
The Veil of Acquiescence: Between the Lines of an Intuitive ...
...and interpret an arbitral award rendered upon the conclusion of the proceedings administered by an arbitral institution. Since there were no such precedents and Pakistan’s arbitration regime only referred to...
If You Build It, They Will Come: The Story of ...
Author: Hans Smit* Published: October 2000 Topics: Arbitral Awards Confidentiality and Publication Agreement to Arbitrate Description: Confidentiality in arbitration has gained significant attention in recent years. And recent decisions by...
Breach of Confidentiality as a Ground for Avoidance of the ...
Authors: William H. Knull, III and Noah D. Rubins* Published: October 2000 Topics: Arbitral Awards Appeal to Arbitral Tribunal and Annulment Description: The last two decades have seen extraordinary expansion...