...international arbitral tribunal independent from the host state.[4] Without this effective enforcement avenue, any substantive guarantees are no guarantees at all. Other than the nationality requirement, these two features (investors’...
Search Results for : Authority Arbitral Tribunal
...it who voluntarily comply with the decision irrespective of the content because they recognise the authority as legitimate. Diversity increases the legitimacy of dispute resolution mechanisms because a diverse tribunal...
Columbia Arbitration Day 2022: Diversity in International Arbitration and Perspectives ...
Author: Hans Smit* Published: December 1994 Topics: Authority of the Arbitral Tribunal Arbitrators and Arbitral Tribunals Applicable Law Arbitral Awards Arbitral Process Description: International arbitration may take many forms. It...
Managing an International Arbitration: An Arbitrator’s View – Vol. 5 ...
Author: Layan Al Fatayri* Jurisdictions: International Topics: ADR Arbitral Process Commercial Disputes Dispute Resolution and Litigation Agreement to Arbitrate I. Introduction Merger & Acquisition (M&A) are considered challenging commercial transactions,...
Arbitration In Cross-Border Merger & Acquisition Transactions: An Advantage?
...attempt. After considering the authority of arbitral tribunals to issue anti-suit injunctions under the Convention, this article proposes a flexible but explicit framework, utilizing a multi-factor test, to assist the...
A Multi-Factor Test for Anti-suit Injunctions in ICSID Arbitration – ...
Author: Vratislav Pechota Published: June 1990 Jurisdiction: Bulgaria Topics: Authority of the Arbitral Tribunal Right to Decide on Jurisdiction Arbitrators and Arbitral Tribunals Challenge of Arbitrators Commercial Disputes Arbitrability Arbitral...
A New Law on International Commercial Arbitration in Bulgaria* – ...
Authors: Niyati Ahuja* and Naimeh Masumy** Jurisdiction: Europe Topics: Authority of the Arbitral Tribunal Mandatory Rules International Character of Dispute In May 2018, the European Union amended its blocking regulations...
The Role of Blocking Regulations in International Arbitration: A Ground ...
...a mere procedural requirement that could be dismissed.[42] ICSID tribunals have not been consistent with regard to the legal identity of the requirement. Some tribunals, both ICSID and other tribunals...
The ISDS Clause in the Investment Law of the Kyrgyz ...
Author: Kate Joohyun Lee** Published: September 2019 Jurisdiction: International Topics: Enforcement of Arbitral Awards Multiple Parties Court Decisions Contractual Expansion or Limitation of Judicial Review Responsibility of Parties Bankruptcy of...
Piercing the Double Veil: Enforcing Arbitral Awards Against Nonsignatories in ...
...international arbitration awards in India can only be recognized and enforced through the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (‘New York Convention’). The enforcement mechanism of...
Is the New York Convention Applicable for the Enforcement of ...
...invoke the arbitration clause in the agreement with a view to challenge the validity of the termination notice. An arbitral tribunal constituted in 2013, about nine months after the...
The DMRC Case: An Ongoing Walk to Execute Arbitration Award
Author: Sergio Le Pera* Published: March 1991 Topics: Arbitral Awards Appeal to Arbitral Tribunal and Annulment Enforcement of Arbitral Awards Enforceability ICC New York Convention Description: After five years of...