...domestic laws for the recognition and enforcement of foreign awards are provided by the Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act 2011[ii], which puts the New York...
Search Results for : Authority Arbitral Tribunal
...disputes. By choosing an arbitral forum, parties agree not to have their disputes resolved in national courts. But in most cases national courts retain some supervisory authority over the arbitral...
Enforcing Vacated International Arbitration Awards: An Economic Approach – Vol. ...
...in the international field. Surely, a contributing factor is the continuing emancipation of the arbitral process from the sway of national laws and its gradual subordination to transnational standards. The...
The Future of the Law Governing the International Arbitral Process: ...
...the power to award interest as damages, but even if there is no express authority in an arbitration agreement to do so, it has been submitted that the arbitrators’ authority...
Interest as Damages in International Commercial Arbitration – Vol. 4 ...
...arbitral tribunal. In a decision rendered in March 1993, the SFT recognized the CAS as a genuine arbitral tribunal and upheld the validity of its awards, while drawing attention to...
The 48 Hours That Can Change the World Cup: Emergency ...
...series of cases decided by specific Tribunal chambers, the Tribunal developed an equitable principle known as “the caveat,” which is an affirmative defense that can justify the dismissal of an...
Toward a New Understanding of Abuse of Nationality in Claims ...
...of arbitral awards, focusing more on the effectiveness of the actual enforcement system of arbitral awards than on the New York Convention as such. Thus, it is essential at the...
Enforcement of Foreign Arbitral Awards: Observations on the Efficiency of ...
...arbitral tribunal, allocation of costs and third-party funding, as well as establishing rules making arbitration involving corporate litigation non-confidential and requiring proper disclosure of information about the commencement and development...
Overview of Securities Arbitration in Brazil: Challenges and Developments
...tribunal majority[4] holding that Eco Oro suffered a complete deprivation of the right to exploit as to amount to an indirect expropriation. However, the tribunal considered that Colombia’s mining ban...
Implications of Conflicting Governmental Priorities and Treaty Language in Eco ...
...is its institutional guarantee of neutral and independent arbitrators. It is a fundamental requirement in international arbitration that the members of the arbitral tribunal be independent and impartial in relation...
TagTime with Dr. Yas Banifatemi – Arbitration as a means ...
...its central thesis: the degree of insulation some propose for arbitrators and arbitral tribunals can generate a republican paradox – the Federal Supreme Court, exposed to criticism and publicity, would...
Book Review – Constitutional Arbitration: When Private Jurisdiction Meets Constitutionalism
...evidence is received in arbitral proceedings. This is particularly concerning in international arbitration because the standards for admitting and relying on evidence in arbitral proceedings can often be less rigorous...