...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...
...tribunals’ approaches to treaty interpretation. On the one hand, many tribunals adopted a permissive and broad definition of “investment” so as to protect and encourage foreign investments. In the classic...
...is that neither the tribunal itself, nor the arbitral institution, has the power to secure the rendered award.2 Russia has already made it abundantly clear that it has no desire...
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....
...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...
...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...
...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...
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...
Author: M. Scott Donahey** Published: June 1993 Topics: Arbitrators and Arbitral Tribunals UNCITRAL Description: A “truncated tribunal” is one that consists of three or more arbitrators, always an odd number,...
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...
...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...
...arbitral proceedings. Within that quite wide topic, there has in recent years been a significant shift in the practices adopted by arbitral tribunals, and the lawyers who appear before them,...
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