...of force. It is in this sense at the very least that we can speak of a hierarchical, or vertical, relationship between courts and arbitral tribunals. At the same time,...
Search Results for : Authority Arbitral Tribunal
...for the Eleventh Circuit partially invalidated an arbitration agreement under the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”) in favor of...
The Prospective Waiver of a Statutory Claim Invalidates an Arbitration ...
...In Mainland China Joseph T. McLaughlin, Kathleen M. Scanlon and Catherine X. Pan Arbitral Forum Shopping: Observations on Recent Developments in International Commercial and Investment Arbitration Richard H. Kreindler The...
Volume 16: Issue 1 (December 2006)
Author: Hans Smit** Published: December 1991 Jurisdiction: Australia Topics: Arbitral Adjudication Confidentiality Description: Confidentiality is often touted as one of the advantages of arbitration over litigation. But what confidentiality means...
Plowman v. Esso Australia Resources Ltd.: Confidentiality in Arbitration* – ...
...which the parties agree that if certain conflicts of interest arise in the future, the arbitrator may continue to serve. To illustrate, in one case reported by a major arbitral...
Advance Waivers of Arbitrator Conflicts of Interest in International Commercial ...
...Foreign Arbitral Awards, widely known as the New York Convention, has been accurately described as “one of the most successful treaties” in the history of the United Nations. The aim...
Some Reflections on the Impact of COVID-19 on International Commercial ...
Author: Franco Ferrari* Published: March 2022 Jurisdictions: International France Topics: Arbitral Process Choice of Forum and Place of Proceedings National Legislation Arbitral Adjudication Enforcement of Awards PREVIEW Given the abundance...
National International Commercial Arbitration – Vol. 32, No. 4
Author: Michael John Volkovitsch** Published: December 1991 Topics: Categories of Disputes Commercial Disputes Enforcement of Arbitral Awards Enforceability ECJ Description: Marc Rich, the fugitive financier already familiar to students of...
When is Litigation Arbitration?: A Comment on Marc Rich & ...
Author: Walid John Kassir** Published: December 2004 Jurisdiction: Lebanon Topics: Categories of Disputes Commercial Disputes Investment Disputes Arbitral Adjudication Ad hoc Applicable Law Lex Mercatoria Arbitral Process Choice of Forum/Place...
The Potential of Lebanon as a Neutral Place for International ...
...arbitral award – what constraints do the Conventions impose on its normal course of adjudication? Here of course is a vast question – one that would call on all our...
The Errors of Comity: Forum Non Conveniens Returns to the Second ...
Authors: Eduardo Palmer* and Eliana Lopez** Published: April 2004 Topics: Commercial Disputes Dispute Resolution and Litigation ADR Enforcement of Arbitral Awards Enforceability Description: I. INTRODUCTION The principle of party autonomy...
The Use of Multi-Tiered Dispute Resolution Clauses in Latin America: ...
Articles Russia Report: The Enforcement of Foreign Arbitral Awards in 2014 William R. Spiegelberger International Investment Law with Chinese Characteristics: Zooming in on China’s BIT Practice Lin Jacobsen State Immunity...