...grounds. The Hall Street decision raises the question whether the parties may agree to extend, restrict or waive the grounds for setting aside international arbitral awards in other jurisdictions. This...
Search Results for : Authority Arbitral Tribunal
...mode of dispute resolution is enjoying increasing global acceptance.[28] In its 2019 Report on Climate Change and ADR, the International Chamber of Commerce (“ICC”) recognized the increasing capabilities of arbitral...
What Role Does Dispute Resolution Have in Tackling Climate Change?
...of arbitration that connects these two legal traditions, he would have enjoyed the questions of whether international arbitral tribunals are free to apply a third system, neither common law nor...
The Application of Soft Law, Halakha and Sharia by International ...
Author: Julio César Rivera Jr.* Published: September 2019 Jurisdictions: United States Argentina Topics: Arbitral Awards Enforcement of Arbitral Awards Enforceability Grounds for Refusal of Enforcement UNCITRAL Model Law Commercial Disputes...
The Review of Arbitral Awards’ Manifest Errors of Law in ...
...a treaty involves an obligation to pay full reparation as part of the damages.[8] The tribunal in ADC v. Hungary applied the customary international law standard (the Chorzów full reparation...
The Tik-Tok Ban in India: Remedies Under the ISDS Regime
...Cabranes, affirmed the lower court’s ruling that an arbitral tribunal created by private contract is not “a foreign or international tribunal” within the meaning of Section 1782. The decision is...
Postscriptum – Vol. 8 No. 2
Author: Duarte G. Henriques* Published: November 2017 Jurisdiction: United States Topics: Costs and Damages Description: I. INTRODUCTION In June 2015, an arbitral tribunal chaired by Professor Julian Lew ordered the...
Third-Party Funding – In Search of a Definition – Vol. ...
...Therefore, arbitral tribunals were created by law, and jurisdictional and procedural rules linked them to the judicial system. Paradoxically, the Republic of Estonia chose the Soviet approach. Download Full PDF...
Estonia Establishes A Permanent Arbitration Tribunal* – Vol. 2 No. ...
...of or in connection with the administration of the arbitration proceedings […].”[15] Further, it confers jurisdiction upon the Tribunal Judiciaire de Paris ( Paris Judicial Tribunal ) to decide such...
Dispute Resolution Clause in the ICC Rules 2021: An Innovative ...
Author: Hans Smit** Published: October 2003 Topics: Court Decisions Contractual Expansion or Limitation of Judicial Review Review on the Merits Enforcement of Arbitral Awards Enforceability Description: Arbitral mistakes continue to...
Another Judicial Misstep in Correcting an Arbitral Award* – Vol. ...
...in the Convention. This Article analyzes enforcement of arbitral agreements under the Convention, and in particular addresses the issue of what law governs enforcement of arbitral agreements subject to the...
The Relevance of International Standards for U.S. Courts In the ...
Author: Cecilia M. Di Ció** Published: January 2002 Topics: Arbitrators and Arbitral Tribunals Arbitral Awards Recourse Against Award Generally Description: Even if one of the advantages of arbitration—as compared to...