...international arbitration remains a persistent source of debate. The basic problem is a straightforward one: contractual arbitration arises as a matter of the parties’ consent, but the resolution of contractual...
Search Results for : %2Jurisdiction and Powers of the Courts in Matters of Arbitration Generally"
...most circles, accepted. If, for example, London is the seat of arbitration, Section 4 and Schedule 1 of the English Arbitration Act 1996 identify “mandatory provisions” “that have effect notwithstanding...
Applying Mandatory Rules Of Law In International Commercial Arbitration – ...
...this arbitration, Esso had demanded that the respondents agree to treat as confidential all submissions made in the arbitration and not to disclose any of them to any third party....
Confidentiality in Arbitration* – Vol. 6 No. 1
...the decision of the WIPO General Assembly, which was taken at the end of September last year, to establish the WIPO Arbitration Center and the date on which the Center...
The WIPO Arbitration Center and Its Services – Vol. 5 ...
...the “Act”). Enacted in 1925 to reserve the common law’s hostility towards arbitration, the Act has since served as the federal centerpiece for the enforcement of arbitration agreements and awards....
Reflections on the U.S. Statutory Framework for International Commercial Arbitration: ...
...courts have, on the whole, received little assistance from creative scholarship. This is especially true of the unilateral arbitration clause. Although the legal status and consequences of this clause have...
The Unilateral Arbitration Clause: A Comparative Analysis – Vol. 20 ...
...of Commerce and Industry of Geneva (the “CCIG”) adopted revised rules of arbitration (the “Rules”). Simultaneously, the CCIG appointed an arbitration committee of five persons to carry out its increased...
An Introduction to the Revised Arbitration Rules of the Chamber ...
...will be used throughout the text to indicate both). However, in many international arbitration cases (in contrast with domestic arbitration and court proceedings), confusion often remains about the question whether...
The Taking of Documentary Evidence in International Arbitration* – Vol. ...
...evidence by agreeing to arbitrate a claim. They also recognize that the current arbitration practice on the taking of evidence in international arbitration can be unfavorable to Anglo-American parties where...
Disclosure Requests in International Commercial Arbitration: Finding a Balance Not ...
Author: Lawrence F. Ebb* Published: October 1990 Description: A question that seems to be recurring with increasing frequency is what constitutes a “foreign” arbitral award and a “foreign” arbitration agreement...
Developing Views on What Constitutes a “Foreign Arbitration Agreement” and ...
Author: Bernard R. Hanotiau** Published: December 1997 Topics: Sources of Arbitration Law National Legislation Description: In 1972, Belgium integrated into its legislation the European Convention on Arbitration (signed January 20,...
Survey of a New Statute Amending Belgian Legislation on Arbitration* ...
...Debate, Law360 (May 29, 2018, 6:51 PM), https://www.law360.com/articles/1048107/spain-tees-up-energy-charter-treaty-arbitration-debate. [4] Tom Jones, EU Countries to Cancel BITs Post-Achmea, Global Arbitration Review (Jan. 17, 2019), https://globalarbitrationreview.com/article/1179337/eu-countries-to-cancel-bits-post-achmea. [5] Id. [6] Set-aside proceeding in...