Author: Giorgio Bernini* Published: May 2013 Description: INTRODUCTION The necessity of an explanatory introduction stems from the circumstance that this article on Jivraj v. Hashwani consists of two parts, written...
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Author: Katherine Belton** Published: May 2013 Description I. INTRODUCTION Hanotiau has questioned whether the matter of non-signatories, and the academic debate it generates, is not simply a “false problem.” Certainly,...
Game, Set, and Match: Enforcement of Arbitral Awards Against Non-Signatory ...
...fact damages. Parties in international arbitrations are no exception. For those parties, the institutional arbitration rules that they choose will have a determinative impact on whether they will be able...
Interim Relief Under International Arbitration Rules and Guidelines: A Comparative ...
...this note served as the single arbitrator selected by the parties. He finds himself in the curious position of appreciating that his decision was attacked in court because it opened...
GTE Communication Systems Corporation v. Thomson CSF Telephone, S.A. No. ...
...As courts have recognized, the hallmark of an appropriate preliminary issue is that its resolution has the real potential to save the parties from litigation costs and a substantially longer...
Preliminary Determination and Early Dismissal in Arbitration: A Distinction Without ...
...autonomy entails not only the parties’ freedom to choose arbitration, it also grants the parties the sovereignty (and charges them with the responsibility) to organize the proceedings in the way...
A New Arbitration Law for Belgium: UNCITRAL Enters the Scene ...
Author: Xiaowen Qiu** Published: October 2000 Jurisdictions: China United States Topics: Categories of Disputes Investment Disputes Enforceability of Arbitration Agreements CIETAC Description: China’s decision to open itself to the outside...
Enforcing Arbitral Awards involving Foreign Parties: A Comparison of the ...
...in arbitration, still less the practices familiar to one or more counsel representing the parties. However, there remains the need to ensure that the parties have had a full and...
Documentary Discovery and International Commercial Arbitration – Vol. 17 No. ...
...Kompetenz-Kompetenz, which largely eliminates the possibility of court intervention once the arbitral proceedings commence. Unless touching upon the eligibility of arbitrators, parties are typically not permitted to raise judicial challenges...
Subject Bias – The Blurring Lines Between Practitioners and Arbitrators
...Arbitrators Applicable Law Arbitral Process Representation and Legal Assistance Practice and Procedure Sources of Arbitration Law Parties Description: I. NEED FOR A HIERARCHY Ethics are an untamed wild in international...
Order to Plurality: Imposing a Hierarchy for Ethics Rules in ...
...directly apply the forum’s substantive law despite the parties’ chosen law; (2) they directly apply the parties’ chosen law; and (3) they apply the forum’s choice-of-law rules to find the...
A Harmonizing Framework for Choice-of-Law Practices in U.S. Judicial Enforcement ...
...Section 5 of the FAA explicitly recognizes parties’ right to adopt an arbitrator appointment mechanism of their choice.[15] However, party autonomy is not unbridled, and the safeguards specified in Section...