...sought, arbitration proceedings were within the reasonable contemplation of the parties. The order comes on the heels of the Supreme Court dismissal of Servotronics Inc. v. Rolls-Royce PLC[7] without deciding...
Search Results for : Parties
...must respect the decision of the parties, the lex arbitri. However, if parties don’t agree on the applicable law for procedural matters, the arbitral tribunal may opt to extend the...
What Should Be the Applicable Law to Arbitration Agreements?
...all reasons upon which it is based, unless the parties have agreed that no reasons are to be stated therein.” Hence, the parties can include a waiver of reasons requirement...
Reasoned Arbitral Awards: An Iranian Perspective
...empirical facts about the investment relationship between parties to the applicable international investment agreement. And the following rule of construction should emerge from such an inquiry: when the size of...
Empirics-Based Umbrella Clause Interpretation
...the parties. In the view of the court, the language of the AAA rules, incorporated by reference, constituted the parties’ submission to the rules. Therefore, this was an indication...
TagTime with Dr. Julie Bédard*** – Who Decides: Courts or ...
...is available to the tribunal and the parties. This gives parties a certain security as they know that the tribunal’s discretion will draw upon existing doctrine or precedent. The downside...
TagTime with Samaa Haridi – Legal Privilege in International Commercial ...
...such agreements. Article II(3) directs courts to refer “parties” to arbitration without restricting “parties” to signatories. Second, the Convention’s silence on non-signatory enforcement permits Chapter 1 of the FAA to...
Issues Relating to Non-Signatories in International Arbitration: A Comparative Analysis ...
...Arbitration and Conciliation Act, 1996 allows the parties to choose the procedure to be adopted to conduct the arbitration proceedings.[23] Considering that the parties chose one set of institutional rules,...
Key Considerations in Drafting Dispute Resolution Clause in the COVID ...
...these parties aim to resolve their disputes through arbitration. An arbitration process intrinsically reflects flexibility, neutrality, a consensual approach, and speedy disposal of cases. With the imposition of sanctions, these...
Imposition of Economic Sanctions: An Embargo on International Commercial Arbitration?
...parties have made an agreement referred to in section 44, shall, at the request of one of the parties or any person claiming through or under him, refer the parties...
Anti-Arbitration Injunctions: The Endless Tussle for Jurisdiction
...asserting its validity all depend upon the law governed by it. Once the arbitration agreement is executed between two parties, it deploys an arbitral tribunal whose prerequisite is the formulation...
Reinforcing the Position on Governing Law of Arbitration Agreement: An ...
...inter alia, situations in which the arbitrator had an interest in the case, serious enmity towards one of the parties, or specified personal or business relationships with one of the...