...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...
...time of contracting, but unfortunately, they are often left unanswered at that crucial time. As a result, when disputes subsequently arise, the courts and arbitrators have to address them. In...
...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...
...popular choice for arbitrator appointments in Pakistan), and some leading international arbitration practitioners from outside Pakistan as members of our advisory council and panel of arbitrators. However, it still did...
...injunction affects the parties to the arbitration alone or if it might impact the rights and interests of third parties. Third, arbitrators should evaluate the purpose of the anti-suit injunction,...
...Damages Arbitrators and Arbitral Tribunals Challenge of Arbitrators Description: Fordham Law School’s International Arbitration and Mediation Conference, held on November 22, 2019 at Fordham in New York City, featured a...
Author: Alejandro M. Garro* Published: June 1990 Jurisdiction: Central America Topics: Authority of the Arbitral Tribunal Right to Decide on Jurisdiction Arbitrators and Arbitral Tribunals Selection by Arbitral Institution Challenge...
...arbitrators and national courts are critical to the functioning of modern international commercial arbitration. Trite but true, although acknowledgement of the place of national courts and national law in this...
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