...under the jurisdiction of the Debts Recovery Tribunal (“DRT”)—a specialized tribunal with powers to attach and order the sale of property to facilitate speedy recovery of loans given by banks...
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...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...
Case Comment: Comissa v. PEMEX, 832 F.3d 92 (2d Cir. ...
...ARB/10/19, Decision on Claimants’ proposal for disqualification of one of Respondent’s expert witnesses, and request for inadmissibility of evidence (Aug. 29, 2012), http://icsidfiles.worldbank.org/icsid/ICSIDBLOBS/OnlineAwards/C1181/DC2652_Sp.pdf. [3] Bridgestone Licensing Servs., Inc. and Bridgestone...
Crystalizing Jurisprudence: Assessing An Arbitral Tribunal’s Competence To Exclude A ...
...the meaning of a clause to evolve over time absent any formal amendments to the treaty—a sort of “living” investment treaty, so to speak. Although there undoubtedly are formidable rule-of-law...
Empirics-Based Umbrella Clause Interpretation
...parties (pre-dispute—express or implied—or postdispute), governing law, or the applicable arbitration rules. The law remains unsettled, however, with regard to the power of a court to order consolidation in the...
Absence of Consent Trumps Arbitral Economy: Consolidation of Arbitrations Under ...
...driven by the desperate nature of its economic crisis to adopt the measures it did in order to preserve social order and protect essential state interests and therefore should be...
Between Scylla and Charybdis: Can a Plea of Necessity Offer ...
...ailing arbitrator.[9] The UNCITRAL Model Law, Art. 14, creates the possibility of requesting a court or other authority to decide on the termination of the mandate of an arbitrator if...
TagTime with Dr Stephan Wilske – The Phenomenon of the ...
...rules. However, it may be useful to keep in mind domestic mandatory rules, at least in order to understand better the special category of mandatory rules which are the international...
Mandatory Rules Of Law In International Arbitration: What Are Mandatory ...
...to disclose the existence of a third-party funding arrangement. The influence (if any) of a third-party funder over the conduct of an arbitration is therefore invisible to the self-funded party...
Proposed Guidelines for the Disclosure of Third-Party Funding Arrangements in ...
...order persons “resid[ing]” or “found” in the United States to give testimony or produce documents or other things “for use in a proceeding in a foreign or international tribunal ....
The Extraterritorial Reach of 28 U.S.C. § 1782 in Aid ...
...the level of Joint Secretary) in the case of a government ministry, department, or attached subordinate offices and autonomous bodies. In the case of CPSEs or PSBs or other financial...
The Way Forward: An Analysis of India’s New Guidelines for ...
...time limit. Next, I invited the parties’ comments or proposals within three days on co-arbitrators in order to: first, prompt one party that had not proposed a co-arbitrator to make...