...of the Arbitration and Conciliation Act, 1996, which provides that “In order to facilitate the conduct of the arbitral proceedings, the parties, or the arbitral tribunal with the consent of...
Search Results for : Authority Arbitral Tribunal
...would have sufficed to delegate the said powers to an arbitral tribunal itself, instead of delaying the formation of the arbitral tribunal in the first place. It is a regressive...
Setting the Clock Back: Judicial Interference in the Appointment of ...
...although they are likely to become increasingly significant as AI tools become more deeply and systematically integrated into arbitral practice. The requirement that arbitral tribunals provide reasoned decisions poses a...
Artificial Intelligence in International Arbitration: a Rule of Law Perspective
...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...
2021 New York Arbitration Week
...LCIA Arbitration Rules as effective on 1 October 2020 (“Article 23. Jurisdiction and Authority. 23.1 The Arbitral Tribunal shall have the power to rule upon its own jurisdiction and authority,...
The Perils of Intra-Corporate Arbitration for ESG Disputes
...expressly designated ICSID as the appointing authority for UNCITRAL arbitrations under that treaty, these provisions can be deemed to have implicitly designated the ICSID as the appointing and administrative authority...
A Potentially Vast Procedural Framework for ICSID Arbitration Provisions Silent ...
...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 ...
...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 ...
...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 ...
...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. ...
...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...