…certain criteria. If the consent of the investor to arbitration does not match the offer of the State, then there is no meeting of the minds and the consents do…
…the award and affirming the arbitrators’ interpretation and application of the local litigation clause. Following the argument of the lawyers, there was a lively discussion between the advocates and the…
…the limits of their jurisdiction by substituting their view of the merits of a decision in cases where they may, in effect, be invited to do so. 2. JR is…
…as the seat of arbitration and the parties had agreed upon approaching the Permanent Court of Arbitration and not the Chief Justice of India for appointment of the Chairperson of…
…good!” Then they go back to ignoring the little ones until someone starts to cry. Not so with John Beechey. The President of the ICC Court of Arbitration wants parties…
…termination, effects and enforceability of the arbitration clause and identities of the parties to the arbitration clause.” The growing body of discordant judicial decisions on this issue demonstrates that it…
…of Aminoil v. the Government of Kuwait. There, despite an arbitration clause in the concession agreement that required appointment of arbitrators by the British Political Resident—a position that no longer…
…arbitration; (iii) the nature of the subject matter of the arbitration; and (iv) because the Constitutional Assembly, which enacted the 2008 Constitution, did not establish the application of the EAP…
…with the UNCTAD statistics, the non-inclusion of cases in the dataset has the potential to significantly skew the statistics. Relatedly, though, it is important to emphasise that cases will generally…
…Court previous cases, in Züblin, the court denied enforcement of the award based on the invalidity of the arbitration agreement; it did not comment on the legality of arbitration activities…
…for public review by commenting below. The Model Bilateral Arbitration Treaty (“BAT”) provides a default arbitration mechanism for the resolution of defined international commercial disputes. The mechanism would utilize the…
…liability risks of the Federal Republic of Germany or of the limitation of the legislator’s policy space because of the provisions on the protection of investments in CETA are therefore…
…DIFC also maintains an arbitration centre, the DIFC-LCIA, a sister organization of the London Court of International Arbitration, which administers arbitration proceedings under the DIFC-LCIA Rules of Arbitration. The draft…
…handful of arbitrators. Instead, our overall sense from the Pilot is that most arbitrators are proud of the awards they render, understand why they might be of interest in the…
…on-point precedent from judicial authorities (especially in comparison to the large quantities of ink spilled by commentators), a brief description of the Award’s decision on this point seems appropriate. Even…
…to select them as the seat of their arbitration proceedings, looking beyond the ‘traditional’ options. The emergence of new arbitral centres enlarges the pool of available institutions, giving parties the…
…the judicial system, meets the necessary requirements to be considered of a permanent nature. The special condition of the Tax Arbitration Court is particularly visible concerning the compulsory jurisdiction requirement….
…in which the tribunal granted the United States’ and Mexico’s requests for access to transcripts of the jurisdictional hearing. At one level, the drama surrounding the exclusion of the United…
…arbitral tribunal’s jurisdiction. The Court recalled that the raison d’être for the introduction of the DAB in the FIDIC Conditions was to allow for an efficient resolution of disputes arising…
…of the Swiss Law on the Federal Tribunal (RS 173.110) and Article 8 of the Regulation on the tariff of judicial fees of the Federal Court (RS 173.110.210.1). The upper…
…did not fall within the sweep of the arbitration clause in the SSD and the anti-suit injunction was vacated. Undeterred, Rakesh filed applications under Section 45 of the Arbitration &…
…between the non-mandatory language of Article 33 on the one hand, and the principle of minimal curial intervention on the other. The indication that the reasons for failing to first…
…the terms “arbitration panel” and “arbitration tribunal” have similar meaning”. The court did not even check whether the respondent had made any objections with respect to the composition of the…
…of the repetition of the preparation, the parties or the challenged arbitrator. The question of remuneration of the arbitrator cannot be based on the work he has done but on…
