...afforded courts much wider discretion to continue a matter in court instead of in arbitration. The present Arbitration and Conciliation Act, 1996 (“Act”) makes a reference to arbitration mandatory under...
Search Results for : %2Jurisdiction and Powers of the Courts in Matters of Arbitration Generally"
...Kluwer Arb. Blog (Dec.. 12, 2019), http://arbitrationblog.kluwerarbitration.com/2019/12/12/rethinking-counsel-ethics-in-international-arbitration/. [8] UN Comm’n on Int’l Trade Law (UNCITRAL), Arbitration Rules (2013), art. 27. [9] Int’l Chamber of Commerce (ICC), Arbitration Rules, (2021), art....
TagTime with Samaa Haridi – Legal Privilege in International Commercial ...
...international arbitration. The second, hosted by the NY City Bar Association, was entitled and focused on “Enforcement of Latin American Arbitration Awards in the United States and U.S. Arbitration Awards...
2021 New York Arbitration Week
...the arbitration agreement. In the case at hand, the Californian law, which is the law governing the arbitration agreement, perceives a settlement agreement containing an arbitration clause as a burden...
Which Law Applies When Determining Whether a Non-Signatory is Bound ...
...rules regarding third-party notices in their arbitration rules or model arbitration clauses. Only the 2021 Swiss Rules of International Arbitration, in Article 6(4), include a rather vague opener for third-party...
Third-Party Notices: The Participation of Non-Parties in Arbitral Proceedings Based ...
Author: George A. Bermann** Published: December 2017 Jurisdiction: United States Topics: Court Decisions Enforceability Grounds for Refusal of Enforcement Jurisdiction and Powers of the Courts in Matters of Arbitration Generally...
The Role of National Courts at the Threshold of Arbitration* ...
...illegality, among others. The UNCITRAL Model Law on International Commercial Arbitration, 1985 – the legislative parent of Section 34 – too excludes modification power. Hence, courts’ powers are limited to...
A Supreme Blow to Finality of Arbitral Awards and India’s ...
...July 23, 2015, https://www.iareporter.com/articles/permanent-court-of-arbitration-goes-offline-with-cyber-security-firm-contending-that-security-flaw-was-exploited-in-lead-up-to-china-philippines-arbitration/. [4] See CPRADR.org, CPR’s Annotated Model Procedural Order for Remote Video Arbitration Proceedings (July, 2020), https://irp-cdn.multiscreensite.com/ffb7ea18/files/uploaded/4.21%20FINAL%20Annotated%20Model%20Procedural%20Order%20for%20Remote%20Video%20Arbitration%20Proceedings.pdf. The CPR model provides a template to give parties, counsel...
TagTime with Catherine Amirfar – Cybersecurity and International Arbitration: A ...
...sector disputes, by providing a brief overview of the Brazilian legal framework for arbitration and its alignment with internationally accepted arbitration principles. Brazilian Arbitration Framework Brazil has not ratified...
Mining Arbitration in Brazil
...the constitution of the Tribunal.[35] Emergency Arbitration before Notice of Arbitration: Parties may now request the appointment of an Emergency Arbitrator before filing a Notice of Arbitration, provided that the...
New Year, New Rules: Highlighting 10 Key Features of the ...
...was subsequently adopted by the Hong Kong International Arbitration Centre (“HKIAC”) in the HKIAC Administered Arbitration Rules, 2018 (“HKIAC Rules”). Article 30 of the HKIAC Rules empowers a tribunal to...
Coordinated Proceedings: A logistical boon to save costs while maintaining ...
...Law,” and the seat of arbitration is “Pro-Arbitration Courts City.” The Claimant, “Dreams Do Come True,” a theme park located in “Fantasia,” is claiming payment of USD 1 million from...