...arbitration, moderated by Emma Lindsay. Simon Batifort and Ben Love argued on both sides of the proposition that “an arbitral tribunal’s decision should bind other arbitral tribunals subsequently deciding on...
Search Results for : Authority Arbitral Tribunal
...funding agreements after the constitution of the arbitral tribunal, if doing so gives rise to a conflict of interest. In such circumstances, the arbitral tribunal is empowered to direct the...
New Year, New Rules: Highlighting 10 Key Features of the ...
...Authority of the Arbitral Tribunal Description: This article argues that international sovereign debt arbitration should incorporate elements and best practices from both commercial and investment arbitration and should be promoted...
A Human Rights-Based Arbitral Tribunal for Sovereign Debt – Vol. ...
...interpretation. Arbitral tribunals, as was emphasised in Achmea, generally do not form part of the judicial system of the Member States. The ECJ has now extended this finding to tribunals...
Lights Out for the Energy Charter Treaty? The ECJ’s Next ...
...has followed a different approach. Sections 24(1)(a) and 33(a) refer to the “impartiality” of an arbitrator and the duty of the arbitral tribunal to act “impartially“. However, there is no...
The Recent Amendment of Italy’s Arbitration Law and the Ongoing ...
...parties.[21] The practice rules are finalized in the preliminary meeting of the arbitral tribunal. This can be done because the arbitral tribunal is given the freedom to devise the procedure...
Key Considerations in Drafting Dispute Resolution Clause in the COVID ...
Author: Natália Rincon* Jurisdiction: International Topics: Authority of the Arbitral Tribunal Powers of Arbitrators Columbia Arbitration Day 2021 featured a panel discussion on “Allegations of Corruption in International Arbitration –...
Columbia Arbitration Day 2021 – Allegations of Corruption in International ...
...Arbitration Rules. Article 17.1 provides that “the arbitral tribunal may conduct the arbitration in such manner as it considers appropriate[.]”[3] As an option that the arbitral tribunal “may” consider, Article...
Columbia Arbitration Day 2021 — Confidentiality, Transparency, and In-Person Hearings: ...
...through an arbitration agreement, the arbitral Tribunal also cannot have an inherent power to do something that would be inconsistent (including implicitly) with the instrument under which that Tribunal is...
Confidentiality in International Commercial Arbitration: Determining Factor for Safeguarding the ...
...for a “foreign or international tribunal” only if it is imbued with governmental authority. The Court went on to hold that international commercial arbitration and investor-State arbitration were not “imbued...
ARIA Report: “Arbitration in Two Worlds: U.S. and Brazilian Perspectives ...
...noted that ISDS tribunals usually adopt a wider reasoning that has raised concerns that the quantum assessment often becomes a purely factual analysis (p. 281), in which tribunals have ceased...
Telling Compensable Damages Apart: Addressing Entitlement to Losses of Future ...
...immunity.’ Institutional arbitral immunity can be said to be rooted in the fact that arbitral institutions are treated as quasi-judicial in nature. Thus, to say that an arbitral institution enjoys...