Author: Hans Smit* Published: December 1998 Topics: Immunity of Arbitrators Waivers WIPO Description: I. GENERAL OBSERVATIONS 1. This Chapter deals with two subjects that are extraneous to the processing of...
Search Results for : Designation Arbitrators
...of emergency awards. This article argues that emergency arbitrators are arbitrators and emergency awards are enforceable under the New York Convention. It first argues that the terms “arbitrator” and “arbitral...
The Emergency Arbitrator Under the New York Convention – Vol. ...
...to request assistance without the arbitrators’ approval. Also, the unresolved questions about § 1782’s applicability to private arbitration create a risk that if arbitrators prevent assistance under § 1782, enforcement...
A Proposal to Clarify U.S. Law on Judicial Assistance in ...
...guidelines for arbitrators and counsel who need to know when, where and to what extent subpoenas by arbitrators to parties or non-parties will be enforceable under U.S. law. Following an...
Arbitral Subpoenas under U.S. Law and Practice – Vol. 14 ...
...in an arbitrator; (iii) where the arbitrators were guilty of misconduct; or (iv) where the arbitrators exceeded their powers. If an award is vacated and the time for making the...
Manifest Disregard: A Legitimate Ground for Vacating International Awards Rendered ...
Author: Report of the International Commercial Disputes Committee of the New York City Bar Association Published: October 2016 Description: During the arbitrator appointment process, arbitrators are required to disclose potential...
Advance Waivers of Arbitrator Conflicts of Interest in International Commercial ...
...rules to party-appointed arbitrators, scholars of international arbitration have struggled to come to grips with the implications of this reality for the resolution of cross-border disputes in which the public...
Does International Arbitration Need A Mandatory Rules Method? – Vol. ...
Author: Mauro Rubino-Sammartano* Published: October 2020 Jurisdiction: International Topics: Arbitrators and Arbitral Tribunals Responsibility of Arbitrators Code of Ethics for Arbitrators Independence and Impartiality Practice and Procedure Basic Standards of...
Diversity Pledge – Vol. 30 No. 4
Author: Sampurna Mukherjee* Jurisdiction: India International Topics: Arbitration Clauses Arbitrators and Arbitral Tribunals Jurisdiction of Tribunals I. INTRODUCTION There can be no doubt that today, the preference,...
Whether Contractual Preconditions to Arbitration should be regarded as ‘Impediments’ ...
...It may be helpful to begin with first principles, even though these principles are not wholly uncontroversial. Arbitrators must apply mandatory rules of the seat of arbitration. This is, in...
Applying Mandatory Rules Of Law In International Commercial Arbitration – ...
...challenges against arbitrators. According to Article 14(3) of the ICC Rules 2017 and 2021, the ICC Court decides the challenges against the arbitrators.[17] Article 11(4) of the ICC Rules further...
Dispute Resolution Clause in the ICC Rules 2021: An Innovative ...
...prejudice, not just a hypothetical possibility that evidence might have changed the outcome.[66] D. Distinction from Arbitrator’s Discretion on Weight Courts in the US defer to arbitrators on evidentiary weight,...