...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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...assets or evidence, or seek other provisional relief until a tribunal had been established in a particular case – a process that, in the best of circumstances, took weeks after...
Songs of Innocence and Experience: Ten Years of Emergency Arbitration ...
...the entire process comes across as somewhat partial at best and completely one-sided or lopsided at worst, it is an unworkable and unsustainable system. Therefore, a fair and just resolution...
Arbitrators vs Bot-rators: Can AI Make International Arbitration Fairer and ...
...primarily to overcome the dangers and problems related to international litigation. It is submitted that a combination of these processes should be aimed for in order to achieve the best...
Med-Arb in International Arbitration* – Vol. 8 No. 1
...in the wrong, was ruled against in the arbitration. That party’s unhappiness is then not justified. On other occasions, dissatisfaction may well be justified. The best evidence of this is...
Is Arbitration Losing Ground?* – Vol. 14 No. 3
...flexibility is likely to attract critics. ENKA’S BENEFIT OF CERTAINTY Despite the concerns about Enka narrowing the scope of the law, the decision arguably offers future courts multiple areas of...
The Expanded Powers of UK Courts in London-Seated Arbitration Agreements: ...
...use of indemnities. Litigants must encourage lawyers to think creatively and utilise the underdeveloped tort law in Indian jurisprudence. The increased volume of commercial litigation will also create a demand...
The Way Forward: An Analysis of India’s New Guidelines for ...
Author: José María de la Jara* Jurisdiction: International Topics: Online Arbitration Cross-Examination Hearing In 1906, John Phillip Sousa traveled to the United States Capitol to talk about a new technology....
Humans v. the Infernal Machine: Cross Examination in Virtual ...
...conduct.[17] Objective Criteria for Fulfillment Enforceable clauses typically provide objective criteria to determine when pre-arbitration obligations have been satisfied. Without such criteria, courts may find clauses too uncertain to enforce....
A Comparative Analysis of the Enforcement of Multi-tier Dispute Resolution ...
...at a safe distance from dispute resolution on a class-wide basis. By all accounts, the trilogy’s chief beneficiaries are those economic actors best capable of protecting their own interests in...
The Supreme Court Trilogy and Its Impact on U.S. Arbitration ...
...number of leading academics and practitioners to consider whether the notion of mandatory rules of law has a place in international arbitration and, if so, how it might best be...
Introduction: Mandatory Rules Of Law In International Arbitration – Vol. ...
...it might even mean that arbitrators could be held criminally liable for negligence for overlooking the criminal activity. Mr. Khvalei discussed a well-known case where the award was set aside...