...Institutional Rules and Arbitral Jurisdiction: When Party Intent is Not “Clear and Unmistakable” Richard W. Hulbert Secretaries to International Arbitral Tribunals Joint Report of the International Commercial Disputes Committee and...
Search Results for : Tribunals
...former is necessary but not always sufficient, requiring further inquiry into whether the specific issue has been conclusively determined. The SGCA concluded that India is precluded from challenging the tribunal’s...
SGCA’s Ruling in Republic of India v. Deutsche Telekom: The ...
...applicable). The guidelines propose that, in certain circumstances, arbitral tribunals must, or have the discretion to, order further disclosure of the details of a third-party funding arrangement. Funders and funded...
Proposed Guidelines for the Disclosure of Third-Party Funding Arrangements in ...
Author: Amanda J. Lee* Jurisdiction: International Topics: Arbitrators and Arbitral Tribunals “Well, in our country,” said Alice, still panting a little, “you’d generally get to somewhere else...
Through the Looking-Glass: Wellbeing in Arbitration — Part 1
...role of mandatory rules in international commercial disputes. The following cases demonstrate, by way of selective example only, the divergence of decisions by arbitral tribunals in dealing with mandatory rules:...
Mandatory Rules of Law as a Limitation on the Law ...
...Rose Fulbright International Arbitration Report, Sept. 2019, at 19, 19. [6] Id. [7] Tennant Energy, LLC (U.S.A.) v. Government of Canada, PCA Case No. 2018-54, Tribunal’s Communications to the Parties...
International Arbitration: A Miscellany of Data Protection Regimes and its ...
Author: E. Jin Lee** Published: July 2017 Jurisdiction: International Topics: Arbitrators and Arbitral Tribunals International Character of Dispute Applicable Law Parties Description: INTRODUCTION Whether a non-signatory is bound by an...
To Bind or Not to Bind? Challenging Assumptions About Non-Signatory ...
Author: Mauro Rubino-Sammartano** Published: April 2004 Topics: Arbitrators and Arbitral Tribunals Costs and Damages Review on the Merits Dispute Resolution and Litigation ADR Practice and Procedure Description: The serious concern,...
Is Arbitration Losing Ground?* – Vol. 14 No. 3
...confidentiality exists in investment treaty arbitration in the absence of an express and clear indication from any source remains debatable. On the one hand, international tribunals deny a general obligation...
Should There Be Implied Confidentiality in Investment Treaty Arbitration? – ...
Author: Yulia Andreeva* Published: April 2009 Jurisdiction: United States Topics: Arbitrators and Arbitral Tribunals Removal and Resignation of Arbitrators Challenge of Arbitrators Description: “If you shoot at the king, you’d...
How Challenging is the Challenge, or Can U.S. Courts Remove ...
Author: Ivan Levy* Published: March 2022 Jurisdictions: International Topics: Arbitrators and Arbitral Tribunals Capacity and Qualifications of Arbitrators Iura Novit Curia Due Process Procedure PREVIEW The fields of IP...
Simon Klopschinski, Christopher Gibson, and Henning Grosse Ruse-Khan, The Protection ...
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...