...arbitration should generally work better than national court litigation. Even arbitration at its worst should work at least as well as going to court. And the process for enforcing arbitration...
Search Results for : %2Jurisdiction and Powers of the Courts in Matters of Arbitration Generally"
...of arbitration. By exacting comprehensive allegiance to the basic canons of the federal law on arbitration, the Supreme Court quelled the fear expressed in Robert Lawrence about the chaos that...
Shattering the Barrier of Inarbitrability – Vol. 22 No. 4
...looked after on a case-to-case basis. Thirdly, reforming the rules of investor-state arbitration would involve changing the rules that govern investor-state arbitration. These changes could include making the process more...
ISDS in the Era of Mandatory ESG Guidelines: Reforming Existing ...
Author: Alain Carrier** Published: January 1993 Topics: Arbitrators and Arbitral Tribunals Costs and Damages Court Decisions Recourse Against Award Generally Practice and Procedure Preliminary Questions/Referee Description: Unlike courts of law...
Challenges to Interim Jurisdictional Awards in Local Courts: The Power ...
...a contract containing an arbitration clause, the question naturally arises whether the state is also bound by the contract and the arbitration clause. Careful drafters address these issues at the...
When is a Government Bound by a Contract, Including an ...
Author: Ignacio Gómez-Palacio** Published: July 2010 Jurisdiction: International Topics: Commercial Disputes Description: I. INTRODUCTION This article attempts to provide a sense of how civil-law litigators who practice international commercial arbitration,...
International Commercial Arbitration: Two Cultures in a State Of Courtship ...
...law. Such pronouncements include the IBA Rules on the Taking of Evidence in International Arbitration and the UNCITRAL Model Law on International Commercial Arbitration. Various accounts have been given of...
Customary International Arbitration Law – Vol. 24 No. 2
...disintermediated, and dematerialised. […] When the Chief Justice of the UK Supreme Court, in one of the most arbitration-friendly jurisdictions on the planet, bemoans the negative influence of arbitration on...
Disruption is the New Black: Practical Thoughts on Keeping International ...
...January 1, 1989. International arbitration is henceforth exclusively governed by the provisions of the Act, whereas domestic arbitration remains governed by cantonal law in the form of a uniform arbitration...
International Arbitration in Switzerland: First Experiences with the New Act* ...
...a Buenos Aires law firm and directly observe modern arbitration practice in Argentina. It is the objective of this Note to share these observations with others within the international arbitration...
Observations on Argentine Arbitration* – Vol. 6 No. 1
...President receives the request for arbitration and notifies the respondent (art. 17.1). He then has to refer the arbitration file to the arbitration tribunal after its formation (art. 20). A...
The 1987 Amman Convention on Commercial Arbitration* – Vol. 1 ...
...as “adoptive arbitration.” Adoptive arbitration would augment the enforceability of an MSA as an arbitration award in the transnational order, while still maintaining the essential characteristics of mediation, notably its...