...a state-owned entity’s decision to exercise rights of “administrative rescission,” the very claim at issue in the arbitration, was not subject to arbitration.[1] December 2009 Arbitral Tribunal issued the final...
Search Results for : Authority Arbitral Tribunal
...SCC 287 (India). [13] Ssangyong Engineering and Construction Company Ltd. v. National Highways Authority of India, (2019) 15 SCC 131 (India). [14] Thyssen Stahlunion Gmbh v. Steel Authority of India...
Ratnam Sudesh Iyer v. Jackie Kakubhai Shroff: The Supreme Court ...
...carry on the proceedings.[4] After discussions, the arbitral tribunal gathered the parties’ agreements and circulated “Procedural Order No. 10”.[5] Section III of the procedural order read “[t]he arbitral tribunal furthermore...
Lessons from the Past: Avoiding the Frankfurt Surprise in the ...
...the tribunal. If a tribunal makes a legal determination and draws a conclusion from it, but then proceeds to grant relief that exceeds its jurisdiction or misapplies its own legal...
Severability and Slippage: Rethinking Judicial Modification in Gayatri Balasamy
...raise has become the need of the hour. This post explores how the problematic analysis by the International Center for the Settlement of Investment Disputes tribunals (“ICSID Tribunals”) regarding the...
Necessity in Investment Arbitration: Boosting the ICSID System’s Legitimacy
...proof, as determined by the tribunal under the applicable law, a tribunal is free to determine the weight and credibility to be accorded to the evidence presented. This authority granted...
Leniency Agreements and the Standard of Proof in Investor-State Arbitration: ...
...to retrieve blood and urine samples. The CAS arbitral tribunal found this lack of cooperation to violate FINA’s doping rules (the “Arbitral Award”). It was reported that Sun Yang argued...
Beware of What You Tweet – Social Media and the ...
...the ICCA-IBA task force, in its roadmap, regarded arbitral institutions, parties, arbitrators and counsels to be controllers or Arbitral Participants.[10] Hence, Arbitral Participants, per the GDPR guidelines, have to satisfy...
International Arbitration: A Miscellany of Data Protection Regimes and its ...
...Defining and Substantiating Arbitral Precedents Arbitral precedent can be a tough term to define. Arbitral decisions may form precedent because arbitrators, too, apply the law of a country and clearly...
The Viability of Precedents in Arbitration
...determination in any of the other arbitrations. However, unless otherwise agreed by the parties, the various arbitral proceedings will continue to remain separate, with the tribunals issuing separate decisions, rulings,...
Coordinated Proceedings: A logistical boon to save costs while maintaining ...
...Mongolia, the tribunal granted the claimants’ interim measures application based on its determination that their claims were not “frivolous or obviously outside the competence of the Tribunal.”[1] Other tribunals have...
Interim Measures in International Arbitration: The Case for Applying High ...
Author: Alan Scott Rau* Published: September 1999 Jurisdiction: United States Topics: Authority of the Arbitral Tribunal Powers of Arbitrators Arbitrators and Arbitral Tribunals Responsibility of Arbitrators Arbitrability Description: “It is...