...either of these prerequisites, leading to the unavailability of evidence, can be tantamount to its non-existence. Due to their purely contractual nature and unlike state courts, arbitral tribunals lack coercive...
Search Results for : non-signatories
...civil law, but soft law, and how religious law, if understood as “soft law” in the meaning of “non-legal law” or “para-legal law” should be applied by them, if at...
The Application of Soft Law, Halakha and Sharia by International ...
...hand-picked, party-appointed arbitrators are not difficult to identify. In arbitration, parties accept virtually non-appealable finality of the arbitrators’ decision largely in exchange for the ability to participate in the selection...
Living with the Party-Appointed Arbitrator: Judicial Confusion, Ethical Codes and ...
...Favoring Validity: The Hidden Choice of Law Rule for Arbitration Agreements Peter Tzeng Notes and Comments To Bind or Not to Bind? Challenging Assumptions About Non-Signatory Cases and Choice of...
Volume 27: Issue 3 (December 2016)
...Greenwood Respondents’ Non-Participation in International Arbitration: A Practical Analysis for Claimants and Tribunals Claudia T. Salomon and Florian Loibl Split Arbitration Clauses: An International Overview Venna Cheng, Rosalyn Han, Rachael...
Volume 30: Issue 4 (October 2020)
...needed in a particular case? If parties have conflicting views on these questions, how should they be resolved? What about the scope of non-party disclosure and e-disclosure? The above-mentioned questions...
The Taking of Documentary Evidence in International Arbitration* – Vol. ...
...personnel. Lawyers no longer have a stranglehold on dispute resolution and lay people have entered the field, especially in relation to mediation. They have swelled the ranks of non-lawyers who...
Assessing Dispute Resolution Procedures – Vol. 7 No. 3-4
...Ex dolo malo non oritur action roughly translates to“ “no court will aid a man whose reason of action is immoral or illegal.” It has become a grundnorm across common...
Assessing the Public Policy Exception and Comparative Perspectives in Enforcing ...
...against Russia’s non-compliance, namely the forcible execution of the compensation awarded in third states, will be barred in the case of most of the Russian assets by virtue of the...
State Immunity From Execution in the Collection of Awards Rendered ...
...the controversy. As a result, the award was non-speaking on how the CMRS certificate failed to establish that effective steps were taken, leaving a critical void in the tribunal’s analysis....
A Case That Travels: DMRC v. DAMEPL and the Universal ...
...practical consequences of the non-application by arbitral tribunals of mandatory rules of law. The workshop also explored mandatory rules in the context of international investment arbitration. In the next few...
Mandatory Rules In International Arbitration: Too Much Too Early Or ...
...extraordinary accomplishment, Claudia’s article in our recently published inaugural Diversity Issue will be available to download for free. Respondents’ Non-Participation in International Arbitration: A Practical Analysis for Claimants and Tribunals...