...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...
Search Results for : Authority Arbitral Tribunal
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 ...
...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 ...
...asserting its validity all depend upon the law governed by it. Once the arbitration agreement is executed between two parties, it deploys an arbitral tribunal whose prerequisite is the formulation...
Reinforcing the Position on Governing Law of Arbitration Agreement: An ...
...defendant that it would not resist the enforcement of the award by advancing arguments against the arbitral tribunal’s jurisdiction. What makes this case even more significant is the fact that...
Specific Relief in International Arbitration
...uniform. Funders’ expertise plays a crucial role in assessing the tribunals’ approaches in applying the law to the particular facts. The enforceability of the arbitral award is also a central...
Negotiating Funding Arrangements: Trick or Treat
Author: Philip D. O’Neill* Published: February 2022 Jurisdictions: International Topics: Technological Developments Artificial Intelligence Machine Learning Arbitral Adjudication I. INTRODUCTION Arbitration’s next technological frontier is not yet zooming into focus....
Transformative Technology and Arbitration’s Emerging Future – Vol. 32, No. ...
...is to liberalize procedures for enforcing foreign arbitral awards. The Convention does so principally by limiting the grounds on which an arbitral award may be denied recognition or enforcement. The...
Lack of Jurisdiction and Forum Non Conveniens as Defenses to ...
...arbitral jurisdiction, the procedural fairness of the arbitral proceedings that resulted in the award, and public policy considerations. The recognition and enforcement of foreign money judgments in the United States...
The Recognition and Enforcement of Foreign Arbitral Awards as Foreign ...
Author: Nathan Gayer de Mena Jurisdiction: International Topics: Gender Equality and Diversity Arbitrators and Arbitral Tribunals Code of Ethics for Arbitrators Capacity and Qualifications of Arbitrators Agreement to...
The Role of Women in Arbitration in Antiquity: A Study ...
Author: Emmanuela Truli* Published: March 2008 Jurisdictions: Czech Republic The Netherlands Topics: Arbitrators and Arbitral Tribunals Immunity of Arbitrators Categories of Disputes Investment Disputes SCC Description: I. INTRODUCTION In the...