...embraces the Kompetenz-Kompetenz doctrine, stating that the arbitral tribunal has the power to rule on its own jurisdiction, ex officio, or challenged by any of the parties. Brazilian courts generally...
Search Results for : Authority Arbitral Tribunal
...remains unresolved, as does the problem of enforcing coercive measures issued by the arbitral tribunal; the definition of the grounds for nullifying an arbitral award; the admissibility of a rescissory...
Arbitration: A Flourishing Legal Institute
...in a variety of nations. The use of the New York Convention is not prompted in every arbitral proceeding. In fact, the vast majority of arbitral awards are executed voluntarily....
Preventive Requests for the Enforcement of Foreign Arbitral Awards: Toward ...
...one narrow, but crucial aspect of the challenges of parallel arbitration and/or litigation proceedings, namely, shopping for an arbitral forum. The basic notion behind arbitral forum shopping is similar to...
Arbitral Forum Shopping: Observations on Recent Developments in International Commercial ...
...that provisional relief was available in arbitration, it was granted by the arbitral tribunal that was properly seized to grant final relief. Some of these rules provide that the arbitral...
Provisional Relief in International Arbitration: The ICC and Other Proposed ...
...arbitrators or engagement of counsel, hearings and payments, and may dissuade some arbitrators or firms from accepting mandates. Arbitral institutions’ response Arbitral institutions have responded by building compliance...
Tariffs, Sanctions and Cross-Border Contracts: International Arbitration Lessons from India
...states before international arbitral tribunals for alleged breaches of treaty obligations. As states adopt more robust climate policies, investors have increasingly invoked ISDS provisions within IIAs in response.[13] According to...
Navigating Climate Action and ISDS Risks for South Korea
...tribunal found an ‘oil hedging agreement’ to be ‘a claim to money’ that had been ‘used to create an economic value’ and therefore concluded that it was an ‘investment’ under...
Bangladesh’s Regime Change – The India-Bangladesh BIT (2009) and the ...
...constitute expropriation[6] In order to better understand the concept of expropriation with respect to the environment, a reference has to be made to cases determined by international tribunals. States are...
Enforcing Arbitral Awards on Expropriation Under the Environmental Magnifying Glass
...them after that time on any terms. The tribunal was required to find whether the parties conducted themselves in a manner that gave rise to the inescapable inference that both...
TagTime with Yemi Candide-Johnson SAN – Intra-Africa trade and the ...
Author: Jadranka Osrecak* Published: August 2017 Jurisdictions: Croatia International Topics: Authority of the Arbitral Tribunal Right to Decide on Jurisdiction Commercial Disputes Arbitral Awards Existence and Validity of Agreement to...
The Role of Tribunals and Courts in Preserving the Rule ...
Author: Mauro Rubino-Sammartano* Published: December 2010 Topics: Authority of the Arbitral Tribunal Arbitrators and Arbitral Tribunals Arbitral Adjudication Arbitral Awards Arbitral Process Costs and Damages Dispute Resolution and Litigation Enforcement...