...and on issues of international arbitral procedure. I benefitted from experience with Professor Smit in all of those contexts, including in the somewhat daunting role of a competing expert witness....
Search Results for : Authority Arbitral Tribunal
...the CAS – are regulations and statutes of sports governing authorities. The Swiss Federal Tribunal’s pronouncement on this provision creates the impression that regulations and statutes of sport governing organizations...
Proposals to Amend the Code of the Court of Arbitration ...
Authors: Claudia T. Salomon* and Florian Loibl** Published: September 2020 Jurisdiction: International Topics: Commercial Disputes Arbitral Process Failure to Arbitrate; Default Agreement to Arbitrate Operation and Effects Authority of the...
Respondents’ Non-Participation in International Arbitration: A Practical Analysis for Claimants ...
Author: Emmanuel Gaillard* Published: March 2019 Jurisdiction: International Topics: Jurisdiction and Powers of the Courts in Matters of Arbitration Generally Authority of the Arbitral Tribunal Right to Decide on Jurisdiction...
Coordination or Chaos: Do the Principles of Comity, Lis Pendens ...
Author: Magnus Eriksson* Published: December 1993 Jurisdiction: International Topics: Authority of the Arbitral Tribunal Code of Ethics for Arbitrators Law Applicable to Procedure Existence and Validity of Agreement to Arbitrate...
Arbitration and Contracts involving Corrupt Practices: The Arbitrator’s Dilemma – ...
...is gathered and presented to the court or arbitral tribunal. Facts are often seen as invariable and not really being in dispute. However, in practice, parties will try to interpret...
The Taking of Documentary Evidence in International Arbitration* – Vol. ...
Author: Satyajit Bose* Jurisdiction: International Topics: ICSID Investment Disputes Enforcement of Arbitral Awards Arbitral Awards In response to the outbreak of the Novel Coronavirus (“Covid-19”), States across the world have...
Police Powers as a Defence to COVID-19 Liability: Does it ...
Author: Hans Smit** Published: March 1999 Jurisdiction: New York Topics: Costs and Damages Arbitration Fees AAA Description: The courts continue to find it difficult to leave arbitral awards alone. In...
Attorneys Fees In Arbitration In New York* – Vol. 10 ...
...evident. It also blurred the line between invalid and inoperative agreements, leading to additional disputes at the pre-arbitral stage. Liberal Resurgence: The Enercon Approach A corrective shift came with Enercon...
India’s Pathological Arbitration Clauses: Time for a Doctrinal Cure
Author: Pierre-Yves Tschanz* Published: June 1991 Topics: Arbitrators and Arbitral Tribunals Costs and Damages National Institutions and Rules Practice and Procedure Expedited Proceedings Description: Effective January 1, 1992, the Chamber...
An Introduction to the Revised Arbitration Rules of the Chamber ...
...344 of the TFEU preclude these types of provisions. Although not applicable to investment treaty tribunals, the judgment has provided a basis of incompatibility between BIT arbitral tribunals and EU...
The Post-Achmea EU: Uncertainty in the Face of Change
...before another court or tribunal. It is directed at a party, arbitrator, or arbitral institution which it purports to control. More frequently, an anti-suit injunction attempts to disrupt arbitral proceedings...