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Arbitral Tribunal

Arbitral Tribunal Power to Disqualify Unethical Counsel

Arbitral Tribunal Power to Disqualify Unethical Counsel

... the arbitral tribunals and arbitral institutions power to sanction counsel’s misconduct in the event of conflicts of ...impartial tribunal, therefore the source of the arbitral tribunal ...

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The First Ever Interpretative Preliminary Ruling Concerning the Validity of an International Agreement Between EU Member States: The Achmea Case

The First Ever Interpretative Preliminary Ruling Concerning the Validity of an International Agreement Between EU Member States: The Achmea Case

... hoc arbitral tribunal created in accordance with the BIT cannot be classified as such, since it is not part of the Dutch or Slovak judicial ...the tribunal has no power to make a reference for a ...

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An Analysis of National Courts Involvement in International Commercial Arbitration; Can International Commercial Arbitration Be Effective without National Courts?

An Analysis of National Courts Involvement in International Commercial Arbitration; Can International Commercial Arbitration Be Effective without National Courts?

... the arbitral tribunal to assume ju- ...an arbitral clause has been considered to be extant by virtue of the imposition of a different rule to the clause, another national law may find the contract ...

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Arbitrage and the Arbitration Procedure

Arbitrage and the Arbitration Procedure

... Procedures for the appointment of arbitrators in accordance with the UNCITRAL model for the Law on Arbitration. Tribunal may consist of a sole arbitrator or a panel, the number should always be an odd number. The ...

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Arbitration Agreement: The Issue of Arbitrability in Nigeria Arbitration Practice

Arbitration Agreement: The Issue of Arbitrability in Nigeria Arbitration Practice

... Any arbitral award rendered without the arbitration agreement of the parties or outside the scope of the arbitration agreement is both void and unenforceable in ...an arbitral award as there was no ...

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The Doctrine of Kompetenz Kompetenz: An Instrument of Fraud or Justice? The Case of Dallah Real Estate and Tourism Holding Company (Appellant) (Dallah) v the Ministry of Religious Affairs (Government of Pakistan)1

The Doctrine of Kompetenz Kompetenz: An Instrument of Fraud or Justice? The Case of Dallah Real Estate and Tourism Holding Company (Appellant) (Dallah) v the Ministry of Religious Affairs (Government of Pakistan)1

... or arbitral tribunal preventing an op- posing party from commencing or continuing proceedings in another jurisdic- tion or forum) in support of the arbitration, unless the parties otherwise ...

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Antitrust Legal Traps in Trade and Monopolization: A Primer for Local and Global Managers

Antitrust Legal Traps in Trade and Monopolization: A Primer for Local and Global Managers

... evidence in support of their claim. Similarly, a party may request the other party to produce a document relevant to the case. The right to present a case is a part of due process of law. In order to ensure due process ...

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THE COMPETENCE-COMPETENCE PRINCIPLE IN COMMERCIAL ARBITRATION: A COMPARATIVE ANALYSIS

THE COMPETENCE-COMPETENCE PRINCIPLE IN COMMERCIAL ARBITRATION: A COMPARATIVE ANALYSIS

... However, if a party makes a jurisdictional challenge which aims to deny arbitrators’ jurisdiction to solve a dispute, the question whether arbitrators have jurisdiction to solve the dispute has to be answered, since, if ...

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Assessment of Vietnam’s capacity and commitment to ratify and implement the International Convention on Oil Pollution Preparedness, Response and Co-Operation (OPRC), 1990

Assessment of Vietnam’s capacity and commitment to ratify and implement the International Convention on Oil Pollution Preparedness, Response and Co-Operation (OPRC), 1990

... special arbitral tribunal constituted in accordance with Annex VIII are made up of experts who have enough knowledge in the relevant ...special arbitral tribunals under Annex VIII are “technical ...

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Recognition and reinforcement of arbitral award

Recognition and reinforcement of arbitral award

... the arbitral tribunal is that it will give a decision at the end of the arbitration ...the arbitral tribunal on the substance of the dispute and includes any final, interim or partial award ...

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Assessment of Vietnam’s capacity and commitment to ratify and implement the International Convention on Oil Pollution Preparedness, Response and Co-Operation (OPRC), 1990

Assessment of Vietnam’s capacity and commitment to ratify and implement the International Convention on Oil Pollution Preparedness, Response and Co-Operation (OPRC), 1990

... When parties seek urgent protection of their substantive rights, prior to the commencement of arbitral proceedings or before the constitution of the arbitral tribunal, they would have no alternative ...

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SUPREME COURT OF INDIA ON GROUNDS OF SETTING ASIDE ARBITRAL AWARD

SUPREME COURT OF INDIA ON GROUNDS OF SETTING ASIDE ARBITRAL AWARD

... In case of Patel Engineering case, the Supreme Court has sanctioned further court interventions in the arbitral process. It was held that the Chief Justice, while discharging this function, is entitled to ...

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SHARIAREQUIREMENTTO ENFORCE INTERNATIONAL ARBITRAL AWARDS IN YEMEN: A LEGAL ANALYSIS

SHARIAREQUIREMENTTO ENFORCE INTERNATIONAL ARBITRAL AWARDS IN YEMEN: A LEGAL ANALYSIS

... the arbitral award by other exceptions like public ...arbitration tribunal has to make pre-determined in the first instance of the arbitration proceedings like whether the arbitration issue violates the ...

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The Relevance of EU Law for Arbitral Tribunals: (Not) Managing the Lingering Tension

The Relevance of EU Law for Arbitral Tribunals: (Not) Managing the Lingering Tension

... the Arbitral Tribunal so that the latter would interpret and apply them to the dispute before ...the Arbitral Tribunal in a context where international law itself had rendered such a risk ...

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Comity and International Courts and Tribunals

Comity and International Courts and Tribunals

... an arbitral tribunal that established its jurisdiction to hear the case, but stayed its proceedings in favor of the domestic courts, which had been selected as the appropriate forum in a contract clause ...

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Charitable status and independent schools

Charitable status and independent schools

... The Tribunal concluded (at paragraph 53) that the concept of “public benefit” which applied immediately before the enactment of the 2006 Act incorporated both strands of public benefit and that an educational ...

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Land Dispute Settlement Machineries: Is Innaccesssibility A Source Of Village Land Disputes In Morogoro?

Land Dispute Settlement Machineries: Is Innaccesssibility A Source Of Village Land Disputes In Morogoro?

... Housing Tribunal by the Minister responsible for lands but nothing is revealed to protect the said interest after the ...Ward Tribunal and the Village Land Council save for the High Court of Tanzania and ...

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Clause Construction: A Glimpse into Judicial and Arbitral Decision-Making

Clause Construction: A Glimpse into Judicial and Arbitral Decision-Making

... 310. Partial Final Clause Construction Award at 6 n.1, Schofield v. Delilah’s Den. of Phila., Inc., Case No. 03-15-0003-4601 (Am. Arb. Ass’n Commercial & Class Arbitration Tribunal 2016) (Matthews, Arb.). Even ...

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Arbitrators And Arbitral Institutions: Legal Risks For Product Liability?

Arbitrators And Arbitral Institutions: Legal Risks For Product Liability?

... Despite Michael Mustill's valiant attempts over the years, as both a scholar and a judge, to maintain the arbitrator as having a distinct legal status under English l[r] ...

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What Is - Why Is There - the Law of War?

What Is - Why Is There - the Law of War?

... By Article 6 (a) of the London Charter establishing the Tribunal, among the crimes against peace over which the Tribunal is granted jurisdiction is "planning, initiation or waging[r] ...

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