...will be used throughout the text to indicate both). However, in many international arbitration cases (in contrast with domestic arbitration and court proceedings), confusion often remains about the question whether...
Search Results for : Domestic Arbitration Law
...Arbitration Hamzeh Haddad Arbitration in Denmark Allan Philip New Developments in International Commercial Arbitration: A Comparative Survey of New State Statutes and the UNCITRAL Model Law Xavier Romeu-Matta Current Developments...
Volume 1: Issue 1 (March 1990)
...arbitration law, as constrained by international treaty. This article takes an economic approach to a question that has troubled international arbitration commentators: when should a court enforce an arbitration award...
Enforcing Vacated International Arbitration Awards: An Economic Approach – Vol. ...
...venture agreed to arbitration to be held under ICC Rules in San Francisco. Under the terms of their arbitration clause, the arbitration panel was instructed to issue a written award...
Contracting Out of the Arbitration Act – Vol. 8 No. ...
...Tribunal built on the model of tripartite arbitration. Indeed the UNCITRAL Arbitration Rules created for private commercial arbitration became the model for the Tribunal at The Hague, and the decisions...
International Arbitration: Scapegoat or Solution – Vol. 13 No. 1-4
...Debate, Law360 (May 29, 2018, 6:51 PM), https://www.law360.com/articles/1048107/spain-tees-up-energy-charter-treaty-arbitration-debate. [4] Tom Jones, EU Countries to Cancel BITs Post-Achmea, Global Arbitration Review (Jan. 17, 2019), https://globalarbitrationreview.com/article/1179337/eu-countries-to-cancel-bits-post-achmea. [5] Id. [6] Set-aside proceeding in...
The Post-Achmea EU: Uncertainty in the Face of Change
...arbitration agreement all too often simply leads to a second dispute over the forum for resolving the first. This often obstructive skirmish – on the border between litigation and arbitration...
Court Litigation Over Arbitration Agreements: Is It Time for a ...
...as “adoptive arbitration.” Adoptive arbitration would augment the enforceability of an MSA as an arbitration award in the transnational order, while still maintaining the essential characteristics of mediation, notably its...
Adoptive Arbitration: An Alternative Approach to Enforcing Cross-Border Mediation Settlement ...
...investor will receive a windfall. Both scenarios contradict the principles of international law and the rule of law. The opposing stance, upheld by most ISDS tribunals, endorses an ex post...
Telling Compensable Damages Apart: Addressing Entitlement to Losses of Future ...
...submission of a “request for arbitration” or “notice of arbitration.” One of the principal advantages of international arbitration – party participation in the selection of the decision-maker – precluded the...
Songs of Innocence and Experience: Ten Years of Emergency Arbitration ...
...has issued two sets of arbitration rules: its general purpose WIPO Arbitration Rules (“WIPO Rules”) and its WIPO Expedited Arbitration Rules (“WIPO Expedited Rules”) for disputes requiring and amenable to...
General Commentary on the WIPO Arbitration Rules, Recommended Clauses, General ...
...the “Act”). Enacted in 1925 to reserve the common law’s hostility towards arbitration, the Act has since served as the federal centerpiece for the enforcement of arbitration agreements and awards....