Author: Hans Smit** Published: July 1997 Topics: Operation and Effects Enforceability of Arbitration Agreements Enforceability Description: Judges appear to find it awfully difficult not to interfere with arbitration agreed upon...
Search Results for : %2Jurisdiction and Powers of the Courts in Matters of Arbitration Generally"
...to continue its work. The Act gives priority to the arbitral process over the courts in most cases, and prevents intervention by the courts except in extraordinary circumstances. The courts...
Arbitration in Denmark* – Vol. 1 No. 1
...with the same or different sets of rules; and there may be parallel agreements to arbitration and the local courts with the same or with a different seat or venue....
Arbitral Forum Shopping: Observations on Recent Developments in International Commercial ...
...Like the World Trade Organization, the SSDS starts with the consultation phase, followed by recourse to an independent arbitration panel.[35] After the arbitration, States may agree on the terms of...
The EU-China Comprehensive Agreement on Investments – Promoting Sustainable Business ...
...another legal system. In sum, we concluded that the application of mandatory rules will generally flow directly from the classical party-driven model of arbitration, without requiring us to rethink the...
The Relevance (Or Lack Thereof) Of The Notion Of Mandatory ...
...arbitral statutes. The Nigerian Government, for example, has enacted the Arbitration and Conciliation Decree 1988 (“Decree”). The Decree repeals the Arbitration Act, which was modelled on the Arbitration Ordinance of...
The Nigerian Arbitration and Conciliation Decree, 1988* – Vol. 1 ...
...given – play an important role in international arbitration. National courts generally follow elaborate rules governing the taking of evidence and its introduction in court proceedings. Procedures for the disclosure...
Obtaining and Submitting Evidence in International Arbitration in the United ...
...arbitration finance firm. Finally, Burford argued that none of the other arbitration rules that figure prominently in investment arbitration disputes expressly require any disclosures from users of arbitration finance.[22] Additionally,...
ICSID Rules Amendments: Two Major Proposed Reforms and Reactions from ...
...(the award-debtor) can bring proceedings to set aside the award before the courts in the country where the arbitration was seated, while the winning party (the award-creditor) may have to...
Enforcement of International Arbitral Awards: Should a Party be Allowed ...
...International Arbitration at Queen Mary University of Law organized this workshop among a relatively small number of academics and arbitration practitioners and explored the role and significance of mandatory rules...
Mandatory Rules In International Arbitration: Too Much Too Early Or ...
Author: Stephen Bond* Published: March 1990 Topics: Commercial Disputes Arbitral Adjudication Confidentiality Arbitration Fees ICC Description: I. INTRODUCTION J. Gillis Wetter’s article, to which I have been asked to respond,...
The Present Status of the International Court of Arbitration of ...
...make my definition of “arbitration” clear. Although this note uses the term in an unusual context–the resolution of human rights disputes–the “arbitration” of which it speaks is functionally the same...