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...
Search Results for : Authority Arbitral Tribunal
...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...
Could foreign investors use BITs or FTAs to sue the ...
...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 ...
...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 & ...
...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
...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 ...
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...
Assessing the Public Policy Exception and Comparative Perspectives in Enforcing ...
...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: Shavonne Hui Si Teo** Jurisdiction: International Topics: Capacity and Qualifications of Arbitrators Challenge of Arbitrators Composition of Arbitral Tribunal Arbitrators and Arbitral Tribunals Jurisdiction and Powers of the Courts...
TagTime with Dr Stephan Wilske – The Phenomenon of the ...
...Act empowers arbitral tribunals to order interim measures of protection during the pendency of proceedings, including orders to secure the amount in dispute. Section 9 of the Act confers parallel...