...a motion to stay litigation, or to compel arbitration. But whatever the timing, the ultimate question of the allocation of responsibility between courts and arbitrators remains. Who is to have...
Search Results for : %2Jurisdiction and Powers of the Courts in Matters of Arbitration Generally"
...and Finance Disputes UNCITRAL Model Law Description: The arbitrability of a dispute is one of the primary determinants of whether the said dispute can be settled by means of arbitration....
Arbitrability of Insolvency Disputes: Resolving the Conundrum – Vol. 31 ...
...be agreed upon by the parties. Where a person has not submitted to arbitration, either by means of an arbitration clause in a main contract or a separate arbitration agreement,...
The “Group of Companies Doctrine”- Where Is It Heading? – ...
...always to remain unaltered.” Concerning the standards of review available under the Federal Arbitration Act (“FAA”), it seems that federal courts in the United States have regularly followed this admonition...
On Dangerous Footing: The Non-Statutory Standards for Reviewing an Arbitral ...
...this approach diverges from the cautious stance taken by other international courts (p. 8), such as the European Court of Human Rights (ECtHR) in Centro Europa 7 S.R.L. and Di...
Telling Compensable Damages Apart: Addressing Entitlement to Losses of Future ...
...of § 1782 in the U.S. courts a topic of considerable interest among practitioners of international arbitration. In this latter connection, many courts have expressed doubts about whether § 1782...
The Extraterritorial Reach of 28 U.S.C. ยง 1782 in Aid ...
...ad-hoc arbitration proceedings against India before the Permanent Court of Arbitration at the Hague. The investors claimed that India had expropriated their investments and breached the provisions of the BIT...
Sovereign Immunity
...B. Kimmelman and Edna Sussman. Co-Chairs Fordham International Arbitration Conference On November 2, 2018 the thirteenth annual Fordham International Arbitration and Mediation Conference was held at Fordham Law School in...
Introduction – Vol. 30 No. 2
Author: Aditya Sengupta* Jurisdiction: International Topics: BITs Standard and Model Arbitration Clauses NAFTA ICSID International and Transnational Law As global bodies mitigate the impact of the novel coronavirus, international financial...
Enforcing Arbitral Awards on Expropriation Under the Environmental Magnifying Glass
...International Arbitral Tribunal’s Powers to Revise Its Own Awards Timothy G. Nelson Great Expectations: Meeting the Challenge of a New Arbitration Paradigm George Gluck Effects of Foreign Direct Investment Arbitration...
Volume 23: Issue 2 (December 2012)
Author: Alejandro M. Garro** Published: December 1990 Description: Article 8 of Colombia’s new arbitration law of 1989 authorizes foreign citizens to serve as arbitrators, unless the parties to the dispute...
The Colombian Supreme Court Holds Unconstitutional the Participation of Foreign ...
...powers set out in the Constitution of the PRC, the PRC will establish through the enactment of the Basic Law, the Hong Kong Special Administrative Region (HKSAR). It is here,...