...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...
Search Results for : Authority Arbitral Tribunal
...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 ...
...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: ...
...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 ...
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?
...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?
...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
...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 ...
...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
...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 ...
...sublet way. In this sense, arbitral tribunals have recognized a more expansive concept of property rights. In Pope & Talbot v. Canada, the arbitral tribunal recognized that a tariff-quota regime...