...‘self-contained regime’ or ‘complete code’ which encompasses the totality of obligations between signatory states and investors thereunder.[2] Such an interpretation resists the direct horizontal application of IHRL to investors, as...
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...predicates; its roots are eclectic and its evolution gleans from traditions of sundry legal orders, resulting in an intensely “crosspollinat[ed]” practice. While the “constitutional charter” of the international arbitral process,...
Collective Redress in International Arbitration: An American Idea, A European ...
...However the decision of the court is given precedence.[19] Under the Sri Lankan Arbitration Act, in addition to the arbitral tribunal, the domestic courts also have the authority to decide...
Between Scylla and Charybdis: Should Negative Jurisdictional Decisions by the ...
...time, submit excessive numbers of documents, persistently refuse to file submissions at the agreed deadline, ignore the orders of the tribunal, misuse confidentiality, make inappropriate objections or even refuse to...
TagTime with Prof. Nayla Comair-Obeid – Robust Arbitrators: How to ...
...orders, and awards for each arbitration. Codification of this option by other institutions The London Maritime Arbitrator’s Association paved the way for codification of the option to coordinate arbitral proceedings...
Coordinated Proceedings: A logistical boon to save costs while maintaining ...
...(“Italian Legislative Decree no 149/2022“),[4] the Italian Government enacted a package of amendments to the Italian Code of Civil Procedure (the “ICCP“).[5] Legislative Decree No. 149/2022 constitutes the final step...
The Recent Amendment of Italy’s Arbitration Law and the Ongoing ...
...Code of Civil Procedure, § 9, No. 5 of 1908, India Code. [15] McDonald’s India Private Limited v. Vikram Bakshi and Ors, 2016 (4) ARbLR 250 (Delhi) (India). [16] Modi...
Do Indian Courts have the Power to Grant Anti-Arbitration Injunctions?
...orders. Troy Elder has observed that “a meaningful enforcement” of an award granting specific performance would require, “conscripting one or more foreign courts to supervise the implementation of the arbitrator’s...
Specific Relief in International Arbitration
...international arbitration institutions, while developing upon the procedure, have specifically recognized and protected the principle of “Confidentiality” in their code and rules, such as Rules of the London Court of...
Confidentiality in International Commercial Arbitration: Determining Factor for Safeguarding the ...
...Thereafter, pursuant to the recommendations of B.N. Srikrishna J Committee’s report on confidentiality in arbitration, which derived its inspiration from Hong Kong’s Arbitration Ordinance, Section 42A was incorporated via the...
Confidentiality Concerns in Arbitration Disputes: Implementation of Confidentiality in Courts ...
...Commercial Arbitration Rules (“(b) In addition to a final award, the arbitrator may make other decisions, including interim, interlocutory, or partial rulings, orders, and awards. In any interim, interlocutory, or...
The Perils of Intra-Corporate Arbitration for ESG Disputes
...should not be recognized elsewhere. The exclusive source of jurisdiction of international arbitration is to be found in the legal order of the seat. In all other legal orders, this...