...issues directly impact and influence the composition of arbitral tribunals. Becoming an arbitrator itself is a process. For example, arbitral tribunals are usually composed of senior professionals (an issue that...
Search Results for : Tribunals
...raise has become the need of the hour. This post explores how the problematic analysis by the International Center for the Settlement of Investment Disputes tribunals (“ICSID Tribunals”) regarding the...
Necessity in Investment Arbitration: Boosting the ICSID System’s Legitimacy
...the AAA established a “Commercial Arbitration Tribunal” and set about to create a “national system of tribunals.”[55] Such tribunals consisted of “facilities and services” which commercial parties could use to...
The Popular Meaning of “Foreign or International Tribunal” in ...
...tribunals have decided against such literal interpretations. But perhaps due to the lack of a central, authoritative appellate body, some arbitral tribunals have gone in the opposite direction, unabashedly adopting...
Empirics-Based Umbrella Clause Interpretation
...enough for investment tribunals. All these issues, combined with the fact that arbitral tribunals have no investigative powers on their own, pose a risk of corruption being unaddressed. As for...
Columbia Arbitration Day 2021 – Allegations of Corruption in International ...
...Claimants and Tribunals (Vol. 30(4) September 2020) Hans Smit, Managing an International Arbitration: An Arbitrator’s View (Vol. 5(1-4) December 1994) Parth Tyagi, Crystalizing Jurisprudence: Assessing An Arbitral Tribunal’s Competence to...
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...tribunals cannot simply disregard it when adjudicating investment treaty disputes.[16] In fact, arbitral tribunals are well positioned to acquire the necessary expertise (or expert advice) to adjudicate human rights issues...
Columbia Arbitration Day 2020
...commercial arbitral tribunals are covered within the definition of “foreign or international tribunal” under 28 U.S.C. § 1782.[13] Dicta in Intel seems to suggest that private international commercial arbitral tribunals...
Using 28 U.S.C. § 1782 to Assist a Private International ...
Author: Shambhavi Sinha* Jurisdiction: International Topics: Intellectual Property Investment Disputes BITs INTRODUCTION The outbreak of COVID-19 as a pandemic has disrupted the entire healthcare sector, as well as the economy,...
The Connection Between a COVID-19 Vaccine, Compulsory Licensing and Potential ...
...efficient dispute resolution and preserve business relationships, these clauses have generated significant jurisprudential complexity regarding their enforceability. This article examines how courts and tribunals across major jurisdictions approach the enforcement...
A Comparative Analysis of the Enforcement of Multi-tier Dispute Resolution ...
...consequences. At the stage of initiation of claims, courts and other tribunals consider the basic principle of party autonomy and the doctrine of separability. It is possible that the main...
Imposition of Economic Sanctions: An Embargo on International Commercial Arbitration?
...on such claims. But despite their frequent use in international arbitration, the arbitral community has yet to agree on standards that tribunals should employ in dealing with them. Those standards...