...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...
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...
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...
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...
...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...
...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....
...law, receptiveness to international law, and potential impact on lex arbitri. Arbitral tribunals’ sense and understanding of the arbitral function must be calibrated according to the complex bodies of law...
Author: Hans Smit Published: March 1990 Jurisdictions: Singapore United States Topics: Arbitral Awards Appeal to Arbitral Tribunal and Annulment Description: Arbitrators generally view judicial attacks on their awards with mixed...
...process. The primary tool for dealing with the interaction between national courts and the arbitral process is the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards...
Author: Dina D. Prokić* Published: May 2018 Jurisdiction: International Topics: Arbitrators and Arbitral Tribunals Compensation of Arbitrators Arbitral Awards Time Limit for Rendering Award Arbitral Process Time Limits Costs and...
...but only for the proceedings before the Court itself, not for the proceedings before the arbitral tribunals. This situation changed as the result of amendments to the ICC Rules and...
Author: Lori Baitarian** Jurisdiction: International Topics: Third-party Funding Independence and Impartiality Arbitrators and Arbitral Tribunals This is a summary of the June 20, 2020, TagTime episode by Cecilia Azar† titled...
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