...to justifiable and objective doubts as to the president’s impartiality, falling within one of the grounds for annulment of the arbitral award, namely, article 190(2)(a) of the Swiss Private International...
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...of party autonomy and the language of Section 4 of the Federal Arbitration Act (or “FAA”), and to move closer to the prevailing international view on consolidation. However, the Boeing...
Consolidation of International Arbitrations in the United States in the ...
...deeply troublesome as they lead to the sort of venue or choiceof-law gamesmanship that plagues litigation. From the viability of the doctrine of manifest disregard of the law in light...
Two to Tango: Domestic Grounds for Vacatur Under the New ...
...literature on international arbitration is that referring to the distribution of powers between courts and arbitrators in order to determine the validity and the personal and subject matter scope of...
Spanish Perspectives on the Doctrines of Kompetenz-Kompetenz and Separability: A ...
...policies.” In order to move away from the simplistic, binary “pro-investor v. pro-State” dichotomy and put forward instead a methodology (or mindset) capable of properly balancing investment protection and the...
The Investment Treaty System as Judicial Review – Vol. 24 ...
...York Convention i.e., about the Convention itself and on those aspects of the Convention which are relevant to the other topics; — reasons and forms of arbitral awards, including types...
Awards and their Enforcement – Vol. 5 No. 1-4
...the agreement.[10] Other common law jurisdictions adopt the same emphasis on preserving of the main intent of the agreement.[11] However, in practice, courts often accept a wide array of other...
Unconscionable Arbitration Agreement: To Strike Down Entirely or to “Blue-Pencil” ...
...awards are subject to review only before the court of a third country like Switzerland. The Requirement of Effective Judicial Review In its judgment of 1 August 2025, the...
Once Upon a Time in RFC Seraing: the EU Frontier ...
...mechanism for improving access to justice. Arbitration is intended not only to improve access to justice but also to ease the load on the judicial system. The plan is to...
The ISDS Clause in the Investment Law of the Kyrgyz ...
...over State judges. Outside of routine cases, those who seek judicial relief often find themselves in the difficult position of having to teach the judge in order to obtain a...