...throughout the globalization era. Naturally, international arbitration cases involving Korean parties have increased steadily. The Korea Commercial Arbitration Board (KCAB), as the only arbitral institution in South Korea, has been...
...practice under the common-law system. Even though this article will mainly discuss the surprise felt by a civil-law lawyer at the “Americanization” or “Anglo-Saxonization”of international commercial arbitration, it will also...
...most circles, accepted. If, for example, London is the seat of arbitration, Section 4 and Schedule 1 of the English Arbitration Act 1996 identify “mandatory provisions” “that have effect notwithstanding...
...http://arbitrationblog.kluwerarbitration.com/2010/05/17/the-curious-case-of-manifest-disregard-of-the-law/ (tracing the development of the doctrine and explaining its origin from a piece of dictum in Wilko v. Swan, 346 U.S. 427 (1953)). [8] Supra note 3, at 583–85....
...Partner at Triage Law, a Lahore-based commercial and arbitration law firm, and the Founder & President of the Center for International Investment and Commercial Arbitration (CIICA), Pakistan’s first international arbitration...
...Locked-in standards and constrained policy choices have fiscal and labor relations consequences and are sources of popular grievances. Since arbitration is a high-risk, high-cost option, the mere threat of arbitration...
...https://www.lawcare.org.uk/media/14vhquzz/lawcare-lifeinthelaw-v6-final.pdf (last visited May 14, 2022). The statistics quoted appear in the Executive Summary on pages 6 to 8. [5] LawCare, LawCare Impact Report 2021 (2021), https://www.lawcare.org.uk/about-us/our-impact/impact-report/ (last visited May...
...4 and his prior testimony. We had been involved in many international arbitration hearings over the years, against American lawyers who cross-examined witnesses like we do, and against civil law...
...EU law from the framework provided by EU law. The arbitration clause in the BIT had an adverse effect on the autonomy of EU law and the two were therefore...
...arbitration agreement may violate public policy; (2) the conduct of the arbitration may violate public policy; (3) the law the arbitrators apply may violate public policy; and (4) enforcement of...
...is the Clive M. Schmitthoff Professor of Transnational Commercial Law and Arbitration, and Director of the School of International Arbitration, Centre for Commercial Law Studies, Queen Mary University of London....
...understood in common law jurisdictions—is incompatible with international arbitration, given the difficulties that a creditor could face in enforcing a monetary award.[6] The Need for Applying High Standards While...
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