...unquestionably, arbitrators in commercial arbitration neither interpret nor apply EU law in such a way by which it could displace Articles 267 and 344 of the TFEU. If arbitration clauses...
...raise the question to what extent the findings of arbitrators in cases involving such claims are reviewable by the courts. In Halligan v. Piper Jaffray, Inc., the Second Circuit, per...
Author: Ivan Levy* Published: March 2022 Jurisdictions: International Topics: Arbitrators and Arbitral Tribunals Capacity and Qualifications of Arbitrators Iura Novit Curia Due Process Procedure PREVIEW The fields of IP...
Articles Reflections on the State and Future of Commercial Arbitration: Challenges, Opportunities, Proposals Thomas J. Stipanowich Arbitration in Evolution: Current Practices and Perspectives of Experienced Commercial Arbitrators Thomas J. Stipanowich...
...Arbitration Rules. After the parties had appointed their arbitrators, the Secretary-General of the PCA appointed a third arbitrator, Yves Fortier. Following the replacement in 2007 of one of the arbitrators...
...Arbitration for Sport (CAS),[26] Society of Maritime Arbitrators,[27] Chile National Arbitration Center,[28] International Centre for Dispute Resolution (American Arbitration Association),[29] and Royal Spanish Football Federation (Jurisdictional Committee).[30] In every case,...
...composition of the arbitral tribunal. (4) By contrast with the previous regime, the arbitral tribunal shall decide on an arbitrator’s challenge without the participation of the challenged arbitrator. Moreover, the...
Author: Andreas F. Lowenfeld* Published: December 2003 Topics: Arbitrators and Arbitral Tribunals Categories of Disputes Commercial Disputes ICSID UNCITRAL BITs Description: As the opening speaker in this symposium, I see...
...of this panel–when asked to say something about how “international commercial arbitrators should deal with mandatory rules of law”–one’s first reaction is to say simply, “very carefully”–and then sit down....
...that ‘private agreements to arbitrate are enforced according to their terms,’” one would think that the answer to such a question would, at a minimum, affirm that arbitrators are required...
...the other hand, arbitrators sometimes do make errors of law (which is particularly distressing to a losing party if it cannot appeal and which, arguably, is not what the parties...
...and undesirable consequences stemming from the federal law. And even experienced arbitrators, having perceived the frailties of the FAA and other arbitration laws, advocate the adoption of informal methods and...
This website uses cookies as well as similar tools and technologies to understand visitors' experiences. By continuing to use this website, you consent to Columbia University's usage of cookies and similar technologies, in accordance with the Columbia University Website Cookie Notice.OkColumbia University Website Cookie Notice