...to address the arbitrability of disputes. This test aims to provide a streamlined approach and determine when a dispute falls outside the scope of arbitration. To that end, the “four-fold...
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...field of international arbitration was once limited to the regulation of disputes between states; now, however, it encompasses disputes involving private parties. In international commercial arbitration, at least one of...
International Arbitration in Italy – Vol. 1 No. 1
...arbitrators, or a majority of them, are sitting, may compel the attendance of such person or persons … or punish said person or persons for contempt … In the recent...
Nationwide Arbitration Subpoenas Under the United States Arbitration Act – ...
...the seat of the arbitration or at the location of the information sought may be available. The availability and breadth of disclosure that a tribunal may order as well as...
Obtaining and Submitting Evidence in International Arbitration in the United ...
...to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “Convention”) and enacted Chapter 2 of the Federal Arbitration Act in order to implement the Convention. Since...
The Relevance of International Standards for U.S. Courts In the ...
...or negligence,” which states a change in sentence if there was no significant fault or negligence owing to the consumption of the banned substance. There is no definition of these...
The Viability of Precedents in Arbitration
...of certiorari, thereby not going into the merits. CONCLUSION The two things to consider in order to avoid incorporation related issues in the arbitration agreement are, firstly, to avoid using...
TagTime with Dr. Julie Bédard*** – Who Decides: Courts or ...
...be acceptable to the arbitral tribunal in order for it to rely on such evidence when deliberating and then determining the arbitral award. While dealing with issues of fact-finding, the...
Standard and Burden of Proof in International Commercial Arbitration: Is ...
...to promote sustainable development. Section IV discusses the limitations and clarifications to the various substantive standards of protection included in the EU agreements in order to preserve adequate “policy space”...
Promoting Sustainable Development in BITs: The EU Experience – Vol. ...
...include Switzerland for example), as to the scope and standard of review of arbitral awards involving public policy issues, in particular competition law. In order to better understand the heated...
The Second Look Doctrine: The European Perspective – Vol. 21 ...
...the benefits of arbitration and avoided a multitude of problems that could have arisen if parties had been given full authority to draft their own grounds for judicial challenges to...
Protecting Both the FAA and Party Autonomy: The Hall Street ...
...participants should be public knowledge. Lawyers enjoy the opportunity for publicity, especially where information can be obtained which can be used against an opponent in negotiations or witness examinations, or...