...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...
Search Results for : Authority Arbitral Tribunal
...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: ...
...an arbitral tribunal would not be considered as a “superior court” under this provision. Thus, the CPC is not applicable to arbitral awards.[9] Such exclusion of arbitral awards is not...
Foreign Arbitral Awards Under Indian Insolvency Law: Room for Improvement?
Author: Prerona Banerjee* Jurisdictions: International Russia Topics: Arbitral Adjudication Enforcement of Arbitral Awards Arbitral Decisions Arbitral Process Dispute Resolution and Litigation Introduction Sanctions are penalties imposed on governments or private...
Arbitration or Sanctions: Who Survives the Battlefield?
...the Court to conduct a highly searching examination into the “integrity of the arbitral tribunal and the arbitral process.” Disclosure an “absolute” requirement for protecting the arbitral process’s integrity: In...
Disclosure Requirements in Arbitral Appointments
...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 ...
...tribunals cannot simply disregard it when adjudicating investment treaty disputes.[16] In fact, arbitral tribunals are well positioned to acquire the necessary expertise (or expert advice) to adjudicate human rights issues...
Columbia Arbitration Day 2020
...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 ...
...the New York Convention, English courts must conduct a full de novo review of an arbitral tribunal’s jurisdictional findings, rather than showing deference to the tribunal’s determination. This approach prioritizes...
Issues Relating to Non-Signatories in International Arbitration: A Comparative Analysis ...
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...
The Arbitrability Question Itself – Vol. 10 No. 3
...and leave it to the tribunal to decide.[11] The ICDR Rules mention privilege explicitly. They state that the arbitral tribunal shall take into account applicable principles of privilege, such as...
TagTime with Samaa Haridi – Legal Privilege in International Commercial ...
...jurisdiction of the arbitral tribunal. If the challenge was made before the arbitral tribunal had been formed, the arbitral institution may decide whether to proceed based on prima facie evidence....