Author: Hans Smit* Published: December 1997 Topics: Court Decisions Recourse Against Award Generally Description: No one reading Professor Rau’s most elegant presentation of the arguments for his view can avoid...
Search Results for : %2Jurisdiction and Powers of the Courts in Matters of Arbitration Generally"
...is widely accepted and is generally recognized as the driving force of international arbitration. In light of this principle, this paper will analyze the use of multi-tiered dispute resolution clauses...
The Use of Multi-Tiered Dispute Resolution Clauses in Latin America: ...
Author: Alberto Alvarez-Jiménez* Published: July 2007 Topics: Categories of Disputes Investment Disputes Sources of Arbitration Law BITs Description: (“BITs”) have recently dealt with the issue of ex post general regulations...
Ex Post General Regulation and Investment Protection in Recent International ...
...counsel before, or serving as arbitrator with, my father in an arbitration for obvious conflict reasons, he and I spoke frequently over the years about arbitrator selection in international arbitrations,...
Thoughts on Arbitrator Selection: Why My Father Was (Usually) A ...
...as Chief Judge of the State of New York–the other 80% of my time. In my judicial role, our Court’s encounters with arbitration can generally be summarized in just one...
Junctures: In Life and In Law – Vol. 20 No. ...
Author: Hans Smit* Published: June 1999 Topics: Authority of the Arbitral Tribunal AAA Description: Regrettably, but understandably, arbitrators sometimes make mistakes. Since there generally is no appeal from an arbitral...
Correcting Arbitral Mistakes – Vol. 10 No. 2
...party to the arbitration.[4] Ordering a claimant to post security for costs, one could argue, may be an effective way to negate this gambler’s nirvana. However, tribunals in investment arbitrations...
Restating the Exceptional Circumstances that Warrant an Order for Security ...
Author: Thomas E. Carbonneau* Published: March 2007 Jurisdiction: United States Topics: Responsibility of Arbitrators Recourse Against Award Generally Description: I. INTRODUCTION The consensus among like-minded national legal systems regarding standards...
At the Crossroads of Legitimacy and Arbitral Autonomy – Vol. ...
Author: Peter J. Pettibone* Published: August 2014 Description: Commercial contracts between Russian and Western parties often contain clauses that provide for arbitration as the parties’ choice for resolving disputes. Generally,...
The Scope of the Public Policy Exception to the Recognition ...
The American Review of International Arbitration (ARIA) invites submissions in five categories: Articles, Student Notes, Book Reviews, Expert Comments, and Blog Posts. ARIA is a subject matter journal whose readers...
Submissions
...approaches to awarding interest generally in international arbitration, the issue of compound interest is especially problematic. This is due to the fact that compound interest is often singled out for...
Awarding Compound Interest In International Arbitration – Vol. 12 No. ...
...is uncertain and heavily disputed. As generally understood, it alludes to the need to reconcile economic development with environmental, social, human rights, and other non-economic concerns. It is in this...