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...
Search Results for : %2Jurisdiction and Powers of the Courts in Matters of Arbitration Generally"
...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: Allen B. Green* and Josh Weiss** Published: June 2012 Description: I. INTRODUCTION International arbitral awards are generally expected to be enforceable worldwide. The international community has provided a set...
Public Policy and International Arbitration in the European Union – ...
...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...
Promoting Sustainable Development in BITs: The EU Experience – Vol. ...
...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. ...
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
...of International Justice in the Mavrommatis case, disputes between an individual and a nation-state are generally not even cognizable in international law until the country of nationality of the individual...
Claims by Individuals In International Economic Law: NAFTA Developments – ...
...generally. The expression “fair and equitable” is found not only in FET provisions in investment treaties but also in other provisions such as free transfer of funds clauses. The annulment...
Fair and Equitable Treatment as Boilerplate – Vol. 30 No. ...
...for arbitration with sovereign entities, but for the judicial role in the enforcement of foreign awards generally. On the facts, Dallah looks very much like just another entry in a...
The UK Supreme Court Speaks to International Arbitration: Learning From ...
...extent to which courts and arbitral tribunals may order consolidation of related arbitrations under federal and state laws in the United States without the consent of all parties involved. Based...
Absence of Consent Trumps Arbitral Economy: Consolidation of Arbitrations Under ...
...arbitrators and national courts are critical to the functioning of modern international commercial arbitration. Trite but true, although acknowledgement of the place of national courts and national law in this...