Author: Alejandro M. Garro* Published: June 1990 Jurisdiction: Central America Topics: Authority of the Arbitral Tribunal Right to Decide on Jurisdiction Arbitrators and Arbitral Tribunals Selection by Arbitral Institution Challenge...
Search Results for : Tribunals
...a balanced approach when dealing with such challenges. Courts and tribunals should be conscious of the fact that overcautious disqualifications may lead to an “empty chair” problem, resulting in removal...
Subject Bias – The Blurring Lines Between Practitioners and Arbitrators
Author: Bernard R. Hanotiau* Published: September 1995 Jurisdiction: International Topics: Arbitrators and Arbitral Tribunals Commercial Disputes Arbitrability Competition and Antitrust Description: International arbitration has fundamentally changed during the last decade....
Competition Law Issues in International Commercial Arbitration: An Arbitrator’s Viewpoint ...
...regime since, for an arbitration agreement to be valid, it must contain “a designated arbitration commission[]” which excludes ad hoc tribunals (Article 16 of the Law). Recognition of the “Seat”...
Chinese Ministry of Justice Proposes Amendments to its Arbitration Law
...law determining whether a non-signatory is bound by the arbitration agreement could bring about complications that would be welcome neither by courts nor arbitral tribunals. * Velislava Hristova is...
Which Law Applies When Determining Whether a Non-Signatory is Bound ...
Author: Giovanni Zarra* Published: April 2015 Description: I. INTRODUCTION AND SCOPE OF THE WORK 1.1 The issue of the jurisdiction1 of arbitral tribunals in international investment disputes between an investor,...
The Arbitrability of Disputes Arising From Intra-EU BITs – Vol. ...
...tribunal also confronts questions surrounding the burden and standard of proof. Arbitral tribunals use the burden and standard of proof to evaluate evidence. In international commercial arbitration, these issues must...
Standard and Burden of Proof in International Commercial Arbitration: Is ...
Author: Lord Leonard H. Hoffmann of Chedworth** Published: April 2011 Topics: Arbitrators and Arbitral Tribunals Court Decisions ADR Description: Presiding Officer: Jennifer Smith*** Jennifer Smith: To introduce our speaker this...
Arbitrators and the Courts* – Vol. 21 No. 1-4
...charge of representing the government before arbitral tribunals established pursuant to investment chapters in free trade agreements and bilateral investment treaties, and other disputes such as state-to-state disputes before the...
Representation of State Parties in Investment Arbitration* – Vol. 21 ...
...Development” in particular moves closer towards the global standard, which is evident from the disapproval of some ICSID Tribunals and Annulment Committees for including “Economic Development” as a criteria for...
India–UAE Bilateral Investment Treaty 2024: Breaking New Ground or Following ...
...and negotiation.[46] In this context, what is not often discussed is the increasing climate consciousness of courts and tribunals in the way that disputes themselves are adjudicated. Dispute resolution proceedings...
What Role Does Dispute Resolution Have in Tackling Climate Change?
...courts, as well as arbitral tribunals, must categorically outline the consequences that may follow from its breach. It is suggested that the consequences must depend on the degree of the...