Authors: Naimeh Masumy* and Gaurav Rai** Jurisdiction: International Topics: Contents of the Arbitration Agreement Online Arbitration The COVID-19 pandemic continues to pose challenges to the arbitral process in an unprecedented...
...to liberalize in significant measure the assistance rendered by American courts to foreign and international tribunals. As international arbitration increases its growth, the question of whether Section 1782 provides for...
Author: Jan-Philip Elm* Published: October 2016 Description: Empirical evidence indicates that national court judges fall prey to cognitive biases and heuristics. The same may be assumed for international arbitrators. Improving...
...of international organizations, with commentaries 2011, Article 31, https://legal.un.org/ilc/texts/instruments/english/commentaries/9_11_2011.pdf [8] Factory at Chorzów, Judgment, 1927 PCIJ (ser. A) No. 9 (July 26). [9] International Centre for Settlement of Investment Disputes,...
...have held that at least some species of international arbitral tribunals qualify as “a foreign or international tribunal” within the meaning of § 1782, thus making the construction and application...
Author: Hans Smit* Published: January 2009 Jurisdiction: International Topics: Enforcement of Arbitral Awards Enforceability Grounds for Refusal of Enforcement Description: I. INTRODUCTION International arbitration is traditionally hailed as affording the...
...International Standard Electric Corporation (“ISEC”), a wholly-owned subsidiary of International Telephone and Telegraph Co., would challenge an adverse award. When the award was finally released, the question was how and...
...that explicit. This is regrettable. In the context of enforcing international arbitration agreements or awards, it is international public policy, not local public policy that should provide the applicable standard....
...Croatia, 2025 WL 1134945 (D.D.C. Apr. 16, 2025). [5] George A. Bermann, In the Cross-Fire of International Arbitration and EU law, The Paris Journal of International Arbitration 61, 62 (2023)....
Authors: Henrik Horn** and Pehr-Johan Norbäck*** Published: December 2019 Jurisdiction: International Topics: Investment Disputes Description: I. INTRODUCTION International investment agreements (“IIAs”) are State-to-State treaties that aim to promote investment, especially...
Author: Loukas Mistelis* Published: April 2008 Jurisdiction: International Topics: Mandatory Rules Description: Few legal issues ignite such major debates amongst lawyers as the issue of mandatory rules of law. Most...
...the emergency arbitration rules of an institution. The arbitration rules of leading international institutions have addressed this concern. Article 29 of the International Chamber of Commerce (“ICC”) rules provides, in...
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