...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...
Search Results for : Authority Arbitral Tribunal
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 ...
...amount to extended riffs on the Question of Questions, the scope of arbitral power: And so the Court has continued to dip its finger into this rich mixture – compounded...
Arbitral Power and the Limits of Contract: The New Trilogy ...
...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...
TagTime with Prof. Diane Desierto – Invoking Climate Change, Environmental ...
...even against the tribunal sometimes. There have also been challenges to the international arbitration system from non-direct participants, questioning the privacy and confidentiality of the arbitral process. Unlike courts, the...
Keynote Address: Transparency in International Arbitration: Practical Value or Voyeurism? ...
...judicial assistance to international arbitral tribunals created pursuant to agreement between private parties has enjoyed increased attention from both courts and commentators. Two lower federal courts sitting in New York...
American Judicial Assistance to International Arbitral Tribunals – Vol. 8 ...
Author: William R. Spiegelberger* Published: October 2016 Description: I. OVERVIEW OF 2015 In 2015 the Russian courts heard 58 cases relating to the enforcement of foreign arbitral awards as compared...
Russia Report: The Enforcement of Foreign Arbitral Awards in 2015 ...
...of an arbitration agreement between parties from different nations. The doctrine of competence-competence mitigates this potential risk by allowing the arbitral tribunal itself to determine whether such an agreement is...
Bitter Tiers: BG Group and the Future of Multi-Tiered International Arbitration ...
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...
Mitigating Arbitration’s Flaws? The 2017 ICC Expedited Procedure Rules – ...
Author: Kenneth Davis* Published: December 2003 Topics: Commercial Disputes Appeal to Arbitral Tribunal and Annulment Contractual Expansion or Limitation of Judicial Review Enforcement of Arbitral Awards FAA Description: I would...
Remarks on Amending the FAA – Vol. 13 No. 1-4
...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...
Court Litigation Over Arbitration Agreements: Is It Time for a ...
Authors: Alexis Mourre and Janice Feigher Published: January 2009 Jurisdictions: France Switzerland Topics: Review on the Merits Description: Under French law, the rules applicable to judicial review of arbitral awards...