...enforcement of arbitral agreements and awards, and for judicial assistance without undue interference from the courts. I. THE UNITED STATES ARBITRATION ACT The United States Arbitration Act (FAA) was enacted...
Search Results for : %States as Parties"
...of party autonomy, one issue is how arbitrators are self-selected instead of being chosen by the parties. This takes away one of the advantages of arbitration of appointing, with parties’...
Blockchain Arbitration: Promises and Perils
...case law in the European Union (E.U.), the United States (U.S.), and the United Kingdom (U.K.) typically favors a favorable response, this topic continues to be litigated in India as...
Harmonizing Arbitration and Competition Law Disputes: Pursuing Consistency In Adjudication
...commonly cited for international disputes);3 among other reasons. Some commentators, however, have argued that parties use arbitration for substantive reasons – to “ensur[e] that the contracting parties’ preferred substantive law...
Why Arbitrate? Substantive Versus Procedural Theories of Private Judging – ...
...of nine hours between them. The merits hearing was scheduled for five days in April 2021. Vaccines have yet to be widely disseminated and the parties agree that an in-person...
Columbia Arbitration Day 2021 — Confidentiality, Transparency, and In-Person Hearings: ...
...under the aegis of the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (‘ICSID Convention’). India not being a signatory to the ICSID Convention,...
Is the New York Convention Applicable for the Enforcement of ...
Author: Lorenzo Martinez* Jurisdiction: International Topics: Investment Disputes Defenses In investor-state disputes arising out of measures taken by states to address the COVID-19 pandemic, the parties will have to reckon...
The Challenge of Scientific Uncertainty in Future Investment Disputes Related ...
...Appellants had become parties to the arbitration agreement. Namely, since the Respondents never argued that the Appellants had, in fact, become the parties to the arbitration agreement in accordance with...
Which Law Applies When Determining Whether a Non-Signatory is Bound ...
...form (without stating the names of the parties and other information that might reveal the parties’ identities) in the Tijdschrift voor Arbitrage arbitration journal,[29] provided that the parties do not...
Art Disputes and the Court of Arbitration for Art: Evolution ...
...43) incorporating a jurisdiction clause and a choice of law clause to resolve claims arising out of the “administration of arbitration” between the parties and the ICC Court.[2] This is...
Dispute Resolution Clause in the ICC Rules 2021: An Innovative ...
...Ltd. (Civil Appeal No.3802-3803 of 2020), makes it harder to even refer to a dispute between consenting parties for arbitration proceedings in India. It comes at a remarkable time when...
Setting the Clock Back: Judicial Interference in the Appointment of ...
Authors: Smriti Shukla* and Yash Raj** Jurisdiction: International Topics: Arbitral Process Confidentiality Delivery and Receipt of Communications Electronic Documents International Character of Dispute National Legislation Online Arbitration Responsibility of Parties...