...Tribunal dealt extensively with the discourse surrounding human rights and its interaction with investment arbitration. Dealing with whether access to water was a human right, the Tribunal ruled that the...
Search Results for : Authority Arbitral Tribunal
...jurisdictional findings? If courts do pass upon arbitral jurisdiction, when and how should their review be conducted? The very form in which these questions are posed creates a significant risk...
Determining Arbitral Jurisdiction: Allocation of Tasks Between Courts and Arbitrators ...
...Tribunal to Award Damages Both the 2015 Model BIT and the 2024 India-UAE BIT limit the tribunal’s authority to awarding only monetary damages, explicitly excluding injunctive relief, as well as...
India–UAE Bilateral Investment Treaty 2024: Breaking New Ground or Following ...
...an anti-arbitration injunction would not be maintainable in law.” Subsequently, the Supreme Court in SBP & Co. v. Patel Engineering[5] conclusively rejected the argument that an arbitral tribunal solely has...
The Muddy Waters of Anti-Arbitration Injunctions in India
...arbitral awards are presented for recognition and enforcement in Russia. The Convention requires a signatory state to recognize and enforce an arbitral award made in another signatory state unless one...
The Scope of the Public Policy Exception to the Recognition ...
Author: Hans Smit* Published: April 2010 Jurisdiction: International Topics: Arbitrators and Arbitral Tribunals Independence and Impartiality Description: I. INTRODUCTION Statutory and institutional rules are unanimous in providing that arbitrators in...
Delinquent Arbitrators and Arbitration Counsel – Vol. 20 No. 1
Author: Edward Atanda** Published: March 1990 Jurisdiction: Africa Topics: Commercial Disputes Arbitrability Arbitral Process Enforcement of Arbitral Awards Description: This is a selective survey of the institution of arbitration in...
Review of Arbitration Law and Practice in Sub-Saharan Africa* – ...
...Lebanon’s international investment agreements contain a full protection and security (FPS) clause.[11] These provisions have received relatively little attention by arbitral tribunals compared to the Fair and Equitable Treatment (FET)...
Potential Arbitration Proceedings for Investor-State Disputes Arising in the Aftermath ...
...is often said that one of the prime advantages of arbitration lies in the finality of arbitral awards, very often the tribunal’s signature does not mark the end of the...
“Manifest Disregard of the Law” and Vacatur of Arbitral Awards ...
Author: William R. Spiegelberger* Published: March 2007 Jurisdiction: Russia Topics: Enforcement of Arbitral Awards Enforceability Sources of Arbitration Law Description: I. INTRODUCTION This article is intended to provide a comprehensive...
The Enforcement of Foreign Arbitral Awards in Russia: An Analysis ...
Author: Marc F. Guarin** Published: December 1993 Jurisdictions: Hong Kong The Netherlands Canada United States Topics: Judicial Consolidation of Arbitral Proceedings Consolidation of Proceedings Description: The court ordered consolidation of...
International Approaches to Court Ordered Consolidation of Arbitral Proceedings* – ...
...and the arbitral tribunal – even though the invisible third-party funder may wield substantial control over the conduct of the arbitral proceedings. These guidelines propose that, at the outset of...