...resources, or the future of business relationships. Recognizing the real-life consequences of arbitral decisions fosters the seriousness and diligence required of the arbitral function. In this sense, the humanistic approach...
...New Arbitral Institution for the Art World: The Court of Arbitration for Art, Kluwer Arb. Blog (June 17, 2018), http://arbitrationblog.kluwerarbitration.com/2018/06/17/a-new-arbitral-institution-for-the-art-world-the-court-of-arbitration-for-art/. [18] CAfA Arbitration Rules art. 28. [19] CAS Code: Procedural...
...July 1916. Only six weeks previously, an international arbitral tribunal had lambasted his testimony on the issue, branding him and another confessed saboteur, Fred Herrmann, as “liars, not presumptive but...
...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...
Author: Michelle Lee* Published: August 2017 Jurisdiction: International Topics: Authority of the Arbitral Tribunal Right to Decide on Jurisdiction Arbitral Awards Relief and Remedies in General Court Decisions Procedure and...
...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...
...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...
...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...
...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...
...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...
...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...
...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...
This website uses cookies as well as similar tools and technologies to understand visitors' experiences. By continuing to use this website, you consent to Columbia University's usage of cookies and similar technologies, in accordance with the Columbia University Website Cookie Notice.