...international arbitration to deal with cases in which one of the parties stands the risk of suffering harm in connection with its claims before a tribunal renders a final decision...
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Authors: Grant Hanessian & E. Alexandra Dosman* Published: October 2016 Description: Until relatively recently, parties to international arbitration agreements had no recourse to arbitration to preserve the status quo, conserve...
Songs of Innocence and Experience: Ten Years of Emergency Arbitration ...
Authors: Allen Waxman, Russ Bleemer and Anna M. Hershenberg Jurisdiction: International Topics: Arbitrators and Arbitral Tribunals CPR Confidentiality Responsibility of Parties Arbitrability Time Limits Discovery You can...
Seizing the Benefits of Arbitration — It’s in Your Hands
...arbitral proceeding. Thus, the parties to a class arbitration must be bound by an arbitration agreement, i.e. an agreement between each member of the plaintiff class and the defendant to...
Class Arbitration – When a Silent Arbitration Clause May Still ...
...which had specified no jurisdiction. However, Enka adopted the presumption that in the absence of such an express choice, the parties have “impliedly” chosen the seat’s jurisdiction to govern the...
The Expanded Powers of UK Courts in London-Seated Arbitration Agreements: ...
...by recent judicial decisions in England. Notable among the features of the new Act is the primacy it grants to the autonomy of the parties to an arbitration. The Act...
Reform and Consolidation of English Arbitration Law – Vol. 8 ...
...raised by State parties, who argue that the alleged corruption associated with investments constitutes gross violations of international public policy.[3] Classic cases illustrating this dynamic include Inceysa Vallisoletana S.L. v....
Leniency Agreements and the Standard of Proof in Investor-State Arbitration: ...
...international arbitration remains a persistent source of debate. The basic problem is a straightforward one: contractual arbitration arises as a matter of the parties’ consent, but the resolution of contractual...
Does International Arbitration Need A Mandatory Rules Method? – Vol. ...
...applying mediation rules to international mediations. I. SELECTING A NEUTRAL MEDIATOR How do you select a mediator in a cross-border dispute whom both sides view as neutral? Parties must be...
Mining Mediation Rules for Representation Opportunities and Obstacles – Vol. ...
...most difficult issues in international commercial arbitration. By “mandatory rule,” I mean an imperative rule of law that cannot be excluded by agreement of the parties. This article does not...
Mandatory Rules In International Commercial Arbitration: An English Law Perspective – ...
...award? The Parties’ Submissions India filed an appeal in the Singapore Court of Appeal against the award, arguing that the tribunal lacked jurisdiction. It contended that it was not barred...
SGCA’s Ruling in Republic of India v. Deutsche Telekom: The ...
...parties is void or voidable; and (ii) may parties, before any dispute has arisen, waive their right to seek judicial review of an award? Download Full PDF *Arbitral & Judicial...