...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...
Search Results for : Authority Arbitral Tribunal
...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....
Chinese Ministry of Justice Proposes Amendments to its Arbitration Law
Author: Sumit Kulkarni * Jurisdictions: International India Topics: Enforcement of Arbitral Awards National Legislation Procedure for Enforcement Introduction The increasing participation of Indian corporations in global trade has resulted in...
To Do or Not To Do: The Financial Disclosure of ...
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
...of EU law to the ECJ for preliminary rulings which are binding among all member states. Arbitral tribunals established under BITs, however, are not “court[s] or tribunal[s] of a Member...
How Achmea Works Out in the United States: The Enforcement ...
...Circuit looked at the definition of the word “tribunal” in 1964, when Congress amended §1782(a) to include the phrase “foreign or international tribunal”. At the time, it was “principally defined...
The Significance of Servotronics in Determining Discovery Procedures in Private ...
...Court’s insistence on “effective judicial review” of arbitral awards made by the Court of Arbitration for Sport (“CAS”). It raises fundamental questions about the balance between the finality of arbitral...
Once Upon a Time in RFC Seraing: the EU Frontier ...
...award made in France because the arbitral tribunal lacked jurisdiction. A key holding in the case is the declaration by the U.K. Supreme Court that a party resisting enforcement can...
A Case for Diversity in the Seat of Arbitration
...A tribunal is well-equipped to deal with difficult factual determinations, based on party submissions and expert reports, or, as the case may be, via a tribunal-appointed expert. This is particularly...
How to Limit the Risk of Overlong Post-M&A Arbitrations & ...
...subject chosen in corporate charters or bylaws to appoint the arbitral tribunal is the arbitral institution administering the arbitration (if any) or the president of the Tribunal which would be...
International corporate arbitration: when the arbitration clause in a corporation’s ...
Author: José María Martín** Published: June 1991 Jurisdiction: Argentina Topics: Arbitrators and Arbitral Tribunals Challenge of Arbitrators Compensation of Arbitrators Arbitral Adjudication Amiable Composition Confidentiality Arbitral Awards Appeal to Arbitral...
Argentina’s General Arbitration Tribunal: A Successful Pattern of Private Justice* ...
Author: Rishav Ray* Jurisdictions: India International Topics: Arbitral Awards Enforcement of Arbitral Awards Grounds for Refusal of Enforcement INTRODUCTION As trade becomes increasingly globalized, disputes have evolved into cross-border issues...