...be sufficient as arbitrators have a different view whether privilege claims are substantive or procedural. In case there is a clause which deals with the applicable law for privileges claims,...
...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...
...court is barred from determining whether the parties have agreed to arbitrate a dispute absent mutual consent from the parties or the arbitrators.11 Lastly, under German law, a contract containing...
...facilitate the smooth and efficient functioning of large and complex arbitrations. Based on inquiries to international arbitral institutions, arbitrators and counsel, we found that the nature and degree of assistance...
Author: W. Laurence Craig* Published: April 2011 Jurisdiction: International Topics: Powers of Arbitrators Right to Determine Applicable Law Right to Determine Validity of Agreement Right to Decide ex aequo et...
...role in this determination since there is concern about giving arbitrators the power to make decisions regarding issues, which the parties did not intend them to undertake. The courts see...
...High Court of Hong Kong. Formerly Queen’s Counsel. Fellow of the Chartered Institute of Arbitrators. Chairman of the Hong Kong Branch of the Chartered Institute of Arbitrators and member of...
...judicial assistance pursuant to §1782 will undermine many of the policies underlying arbitration, including the freedom to contract, reduced cost, efficiency and the arbitrators’ ability to control discovery.”[71] “Section 1782...
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