Author: Hans Smit* Published: April 2008 Description: In the good old days, arbitrators did not adjudicate issues of mandatory law. These were within the exclusive jurisdiction of the competent public...
Search Results for : Designation Arbitrators
...arbitration it seems there is no need for arbitrators to decide whether or not to displace chosen law to make way for mandatory rules. The States party to the treaty...
Mandatory Rules Of Law And Investment Arbitration – Vol. 18 ...
...with an earlier conclusion that there were in fact “virtually no cases where the arbitrators… relied on the application of a mandatory rule to justify a decision other than [the...
The Relevance (Or Lack Thereof) Of The Notion Of Mandatory ...
...Director and Faculty Member for the Columbia Law School-Chartered Institute of Arbitrators Comprehensive Course on International Arbitration. He also acts as a Consultant for the United Nations Office of the...
Our Editors
...the FTA. It establishes the Canada-U.S. Trade Commission (“Commission”) to monitor the implementation of the FTA and provides for an ad hoc binational panel of arbitrators. This paper assesses the...
Dispute Resolution Under Chapter 18 of the Canada-United States Free ...
...American Arbitration Association and its National Panel of Commercial Arbitrators, and an Advisory Director of the Institute for Transnational Arbitration. He is also a member of the Committee on the...
In Support of the F.A.A.: An Argument Against U.S. Adoption ...
...thus may survive a successful challenge to the validity of the contract. The doctrine of competence-competence provides that arbitrators have jurisdiction to decide challenges to the arbitration agreements upon which...
Separability and Competence – Competence In International Arbitration: Ex Nihilo Nihil ...
...have averted the fire”. The parties failed in their attempts to settle, and Rolls-Royce initiated arbitration proceedings under the Rules of the Chartered Institute of Arbitrators in England.[4] THE 28...
The Significance of Servotronics in Determining Discovery Procedures in Private ...
...on law and practice in regard to the issuance by arbitrators of compulsory process for evidence to be obtained from non-party witnesses.1 A major impetus for this project was the...
A Model Federal Arbitration Summons to Testify and Present Documentary ...
...economic definition of international arbitration pursuant to which it is sufficient that the dispute submitted to the arbitrators be related to a transaction that does not economically unfold in a...
Can the Statutory Grounds for Review of Arbitral Awards Be ...
...responsibility for decisionmaking with respect to such questions between courts and arbitrators. Despite its role as one of the conceptual underpinnings of the law of international arbitration, the notion of...
Everything You Really Need To Know About “Separability” In Seventeen ...
...conduct international arbitrations. They also introduce some remarkable innovations. In some respects, the Rules fall short of what experienced international arbitrators might have hoped for, but most of their shortcomings...