Author: Philip D. O’Neill* Published: February 2022 Jurisdictions: International Topics: Technological Developments Artificial Intelligence Machine Learning Arbitral Adjudication I. INTRODUCTION Arbitration’s next technological frontier is not yet zooming into focus....
Search Results for : %2Jurisdiction and Powers of the Courts in Matters of Arbitration Generally"
...I found the language of the Court’s opinion, as reported in summary through unofficial translations, to have a potentially revolutionary impact upon arbitration law. After completing the analysis, I did...
“A-Legality” and Arbitration: The German Supreme Court Joins the Fray ...
...amount to a derogation from the CISG in matters of contract validity matters, limiting its application. Conflicts with Form Requirements: Article 11 of the CISG permits oral contracts, yet public...
Government Contracts and the CISG: Frenemies?
...been interpreted to “essentially sanction[] the application of the forum state’s standards of due process.” Other U.S. courts have adopted this theory. Consequently, the U.S. courts generally interpret the standard...
The Due Process Defense to Recognition and Enforcement of Foreign ...
...Host States’ Counterclaims: Wind of Change?, Kluwer Arbitration Blog (6 March, 2017), http://arbitrationblog.kluwerarbitration.com/2017/03/06/jurisdiction-of-investment-tribunals-over-host-states-counterclaims-wind-of-change/ [14] See, Dafina Atanasova et al., Counterclaims in Investor-State Dispute Settlement (ISDS) under International Investment Agreements (IIAs),...
Bridging the Gap Between Investment Arbitrations and Environmental Concerns: Can ...
...light of the fact that the 2016 reform grants more powers to the adjudicator to redress a distortion of the equilibrium of a contractual relationship. Indeed, the 2016 reform has...
Contract Interpretation Under French Law: The Contract Law Reform of ...
...gatekeeper of all foreign direct investments into the United States, received a major revamp in its review powers and mission. Whereas CFIUS only had power to conduct national security reviews...
CFIUS Reforms in Context: China in the Crosshairs of CFIUS ...
...a business environment defined by global transactions and cross-border ventures, that arbitration is the preferred means for disposing of international disputes. Though uniformly praised, international arbitration is grounded in disparate...
Collective Redress in International Arbitration: An American Idea, A European ...
Author: J.P. Duffy** Published: October 2007 Jurisdiction: United States Topics: Sources of Arbitration Law Inter-American Convention on International Commercial Arbitration New York Convention Description: In B.L. Harbert International LLC v....
Opposing Confirmation of International Arbitration Awards: Is it Worth the ...
Author: Morten M. Fogt* Published: March 2016 Description: This article will navigate in and between the CISG and the arbitration regime and analyze questions of their relationship and the applicable...
The Interaction and Distinction Between the Sales and Arbitration Regimes ...
Author: Mauro Rubino-Sammartano** Published: February 2000 Topics: International Institutions and Rules Description: The European Arbitration Centre (the “Centre”) is a private body formed over 40 years ago in Strasbourg under...
The European Court of Arbitration and its 1997 Rules* – ...
Author: George A. Bermann* Published: March 2012 Description: The Supreme Court’s most recent “trilogy” of arbitration law rulings – Stolt-Nielsen, Rent-A-Center and AT&T Mobility v. Concepcion – deserves the lavish...