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Conflict is an inevitable facet of international relations. As much as the nations of the world work harmoniously in …
Persistent link: https://www.econbiz.de/10014102393
treatment, and importantly, the right to bring a claim in international arbitration against the host State in the event that the … faced by the regime for investment treaty arbitration, such as the problem of inconsistent decisions, multiple proceedings …
Persistent link: https://www.econbiz.de/10013123889
A question periodically arises in the context of both international and domestic commercial arbitration, as to whether … are party to an arbitration agreement their ex facie preference will be for a one-stop adjudication by way of arbitration …-signatories can be deemed to be party to the arbitration agreement, and the conditioning of stay orders …
Persistent link: https://www.econbiz.de/10013086050
The case law and literature to date have struggled to locate the rationale for the assignability of arbitration … be found in the “acceptance principle”. This principle indicates, first, that arbitration agreements which are not actual … burdens can be assigned, and second, that the assignability of arbitration agreements is grounded in the assignee’s acceptance …
Persistent link: https://www.econbiz.de/10013240086
possibility of choosing the lex arbitri, as the areas that come into consideration in connection with arbitration. They include … applicable to the assessment of validity and effects of the arbitration agreement. The determination of the law applicable to the … arbitration agreement is by no means an end in itself. If we accept the premise that the validity of the arbitration agreement is …
Persistent link: https://www.econbiz.de/10013081363
During the past few years arbitration has been under attack. Recent judicial decisions, newly enacted and proposed … leveled at arbitration can be addressed and, most significantly, there are practical and inescapable realities that will … ensure arbitration’s survival. Arbitration’s viability as a popular and effective dispute resolution process will continue as …
Persistent link: https://www.econbiz.de/10014177067
arbitration, in particular, the Arbitration and Conciliation Act, 1996 to find out the extent to which the requirements of …Arbitration, though not totally devoid of some inherent legal issues, has come to be recognized as more effective than …
Persistent link: https://www.econbiz.de/10012754052
While there are ongoing the debates on the appropriateness of arbitrators acting as mediators in a pending arbitration … the confidential nature of arbitration proceedings. The problem with anecdotes is that it is difficult to evaluate whether … typically conducted, and the common techniques adopted in facilitating settlement. At a time when arbitration has become too …
Persistent link: https://www.econbiz.de/10013033797
Arbitrators are lead actors in global dispute resolution. They are to global dispute resolution what judges are to domestic dispute resolution. Despite its global significance, arbitral decision making is a black box. This Article is the first to use original experimental research to explore how...
Persistent link: https://www.econbiz.de/10012967047
Post-award reliefs in the arbitral process include, inter alia, requests for correction, interpretation, and additional awards. These remedies have been conceptualised as a result of the understanding that even final awards may be contaminated by errors and oversights. The option to apply for...
Persistent link: https://www.econbiz.de/10013246410