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 –...
Search Results for : Authority Arbitral Tribunal
...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: ...
...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 ...
...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...
Time to Tackle the Elephant In the Room? Repeating the ...
...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 ...
...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 ...
...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...
Case Comment: Comissa v. PEMEX, 832 F.3d 92 (2d Cir. ...
...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 ...
...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 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
...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
...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...