...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...
Search Results for : Designation Arbitrators
...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...
Secretaries to International Arbitral Tribunals – Vol. 17 No. 4
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...
The Arbitrator’s Mission and the Application of Law in International ...
...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...
TagTime with Dr. Julie Bédard*** – Who Decides: Courts or ...
...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...
The Hong Kong Arbitration Ordinance: Some Features and Recent Amendments ...
...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...
Using 28 U.S.C. § 1782 to Assist a Private International ...
...awards and other decisions (most importantly, challenges to arbitrators) has become more common but is not without controversy. The trend toward more publication has the potential to change, for good...
Publication of International Arbitration Awards and Decisions – Vol. 25 ...
...the arbitrators will abide by the same set of norms as those followed in Italian arbitration. However, when the disputants do not select the arbitrators, their choice of the arbitration...
International Arbitration in Italy – Vol. 1 No. 1
Author: Bette E. Shifman* Published: June 1990 Jurisdiction: Canada United States Topics: Arbitrators and Arbitral Tribunals Challenge of Arbitrators Commercial Disputes Applicable Law Arbitral Awards Enforcement of Arbitral Awards Interim...
Developments in Adoption of the 1985 UNCITRAL Model Law on ...
...Book Reviews from academics, practitioners. J.D., LL.M., and doctorate students. Co-authored submissions are welcome. Expert Comments Content: This category provides distinguished arbitrators and practitioners a platform to express their opinions...
Submissions
Author: Parth Tyagi* Jurisdiction: International Topics: Experts Powers of Arbitrators Authority of the Arbitral Tribunal Arbitrators and Arbitral Tribunals I. INTRODUCTION Party-appointed experts play an essential part in the arbitral...
Crystalizing Jurisprudence: Assessing An Arbitral Tribunal’s Competence To Exclude A ...
...Arbitrators share views on Belt and Road and more, Global Arbitration Review (June 14, 2018), https://globalarbitrationreview.com/article/1170568/arbitrators-share-views-on-belt-and-road-and-more. [3] Jane Perlez, China Looks West as It Bolsters Regional Ties, The N.Y. Times...