...occurrence either. One of the few solutions that arbitral institutions have come up with to address these concerns is an Expedited Procedure (“EP”) provision. EP provisions accelerate arbitral proceedings by...
Search Results for : Authority Arbitral Tribunal
...Third-Party Funding agreement is made, the party benefitting from it shall give written notice to the other party or parties, the arbitral tribunal and, where applicable, the arbitral institution, of...
Arbitration Finance in the Aftermath of a Pandemic: Third-Party Funding ...
...tribunals have decided against such literal interpretations. But perhaps due to the lack of a central, authoritative appellate body, some arbitral tribunals have gone in the opposite direction, unabashedly adopting...
Empirics-Based Umbrella Clause Interpretation
...Algiers Declarations, a series of agreements that resulted in the creation of the Iran-United States Claims Tribunal. The Tribunal’s primary purpose was to resolve disputes between the two governments and...
Case No. A27: The Iran-United States Claims Tribunal’s First Award ...
Author: Hans Smit** Published: April 2009 Topics: Arbitral Awards Appeal to Arbitral Tribunal and Annulment Enforcement of Arbitral Awards Enforceability New York Convention Description: I. INTRODUCTION Annulment of arbitral awards...
Annulment of an Arbitral Award and Its Subsequent Enforcement: Two ...
...obtain a ruling from an arbitral tribunal that grants them the authority to confiscate the commercial assets of the state in nearly any jurisdiction. BITs make the investor’s interest weigh...
ISDS in the Era of Mandatory ESG Guidelines: Reforming Existing ...
...jurisdiction to modify arbitral awards, or are they merely confined to setting them aside? The Constitution bench, comprising Chief Justice of India (CJI) Sanjiv Khanna, Justices BR Gavai, Sanjay Kumar,...
A Supreme Blow to Finality of Arbitral Awards and India’s ...
...by denying them fair and equitable treatment. An arbitral tribunal in 2016 by a majority ruled in favor of the investors on merits, and in 2020 awarded them approx. $111M....
Sovereign Immunity
...a reading of §1782 to include international arbitral tribunals. At the end of 2006, two district courts relied on Intel to hold that arbitral tribunals are entitled to judicial assistance...
A New World of Discovery: The Ramifications of Two Recent ...
...and oblige the arbitrators and parties alike. Article 30 of LCIA Rules impose an obligation upon the parties, the arbitral tribunal, any tribunal secretary, and experts to maintain the confidentiality...
Confidentiality Concerns in Arbitration Disputes: Implementation of Confidentiality in Courts ...
...arising from foreign (and commercial) arbitral awards in India). Usually, an adverse arbitral award would be sufficient to permanently exclude the claim from the asset side of an entity’s balance...
Unsecured Creditors: How the Westmoreland Arbitrations Have Undermined Type G ...
...arbitral award, i.e. an award rendered outside India. Drawing inspiration from this decision, this article will examine whether setting aside a foreign arbitral award produces any negative effect and will...