...(para. 17). Where Next? Perhaps the key to a middle path lies in the public law dimension of both arbitrators and courts. Arbitrators are not just private dispute resolvers –...
Search Results for : Designation Arbitrators
...to specify that the procedural order issued to this effect may later be subject to changes at the arbitrators’ discretion. Maintaining the arbitrators’ discretion will ensure that if some unforeseeable...
Lessons from the Past: Avoiding the Frankfurt Surprise in the ...
...investors that arbitrators will seek to treat each umbrella clause as a completely unique provision, deserving of a full and searching interpretation, regardless of whether other clauses in other treaties...
Empirics-Based Umbrella Clause Interpretation
...a presentation made at the IBA 2018 Conference in Rome on October 11, 2018, as part of a panel devoted to the subject, “How Do International Arbitrators Interpret International Contracts?”...
Arbitrators and the Interpretation of Contracts – Vol. 29 No. ...
...and oblige the arbitrators and parties alike. Article 30 of LCIA Rules impose an obligation upon the parties, the arbitral tribunal, any tribunal secretary, and experts to maintain the confidentiality...
Confidentiality Concerns in Arbitration Disputes: Implementation of Confidentiality in Courts ...
...to be followed by arbitrators so that any “minimal doubt” on the arbitrator’s independence or impartiality must be disclosed, modifying the current “justifiable doubt” standard. The proposed legislation also limits...
Mining Arbitration in Brazil
Author: Rana Sajjad* Topics: Arbitral Process Independence and Impartiality Technology AI’s problem of control has been described as the dispassionate, almost inhumane drive to achieve the objective embedded in its...
Arbitrators vs Bot-rators: Can AI Make International Arbitration Fairer and ...
...like many others, tend to favor well-known arbitrators who were popular choices globally. This preference for well-known arbitrators is not unique to the region. However, it is disappointing to note...
Event Report: Exploring International Investment Law and Disputes in Central ...
...of the procedural costs, the fees of the arbitrators, within the minimum and maximum ranges indicated by the Schedule of Arbitrators’ Fees, and in consultation with the parties and the...
Fees and Costs Articles 67 to 72 – Vol. 9 ...
Author: Josh B. Martin* Published: April 2017 Jurisdiction: International Topics: Arbitrators and Arbitral Tribunals Commercial Disputes International Character of Dispute Applicable Law Description: INTRODUCTION The role of mandatory rules within...
Contractualists Versus Jurisdictionalists: Who is Winning the Mandatory Law Debate ...
...was issued by a court prior to the tribunal’s constitution, then the arbitrators will be entitled to maintain, modify, or revoke the court’s ruling. Under such circumstances, arbitrators should be...
Provisional Measures in Aid of Arbitration in Brazil
Author: Kishan Gupta Jurisdiction: International Topics: International Institutions and Rules Powers of Arbitrators Practice and Procedure Time Limits INTRODUCTION In recent times, those involved in international commerce have been greatly...