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' interests and insurance customers and the premise that classic (commercial) arbitration is not a priori suitable for D …&O insurance disputes, the author advocates introduction of specific integrated arbitration proceedings for D&O insurance cases. By … assessing arbitration proceedings in D&O insurance, this analyze allows us to draw conclusion on whether the resolution of D …
Persistent link: https://www.econbiz.de/10012906416
The topic of Third-Party Funding in international arbitration has been almost exhaustedly debated. However, little … that has already been done in regards to the use of arbitration (and other dispute resolution means) within this realm. In …, arbitration is the best means to solve disputes …
Persistent link: https://www.econbiz.de/10012907892
This article describes the competence, the organization and the legal nature of the Mixed Arbitral Tribunal which were created by the Versailles Peace Treaty and other peace treaties after the First World War. It specifically analyses the case-law of these tribunals regarding issues of private...
Persistent link: https://www.econbiz.de/10012908074
As per the amended Section 8 (1) of the A&C Act, 1996, the defendant is required to invoke the arbitration clause and … reference to arbitration, or even as submission to or acquiescence of the jurisdiction of the Court where the action has been … application invoking the arbitration agreement must be presented. It is this limitation period which is indicated by the words …
Persistent link: https://www.econbiz.de/10012888704
between taxation and arbitration, and subsequently the various issues affecting resolution of cross-border disputes involving … taxation, particularly in relation to arbitration …
Persistent link: https://www.econbiz.de/10012888872
This article considers the extent to which flexibility in the drafting of arbitration agreements will be recognized and … enforced at the arbitration proceedings by arbitral tribunals or by state courts. This article focuses on the issues raised by … the interpretation and the enforcement of commonly adopted arbitration clauses known as hybrid clauses (which either …
Persistent link: https://www.econbiz.de/10012889561
Taking as its ‘base case' an English-seated international commercial arbitration which has proceeded to the grant of a … and enforcement order under section 66 of the Arbitration Act 1996 (the “1996 Act”), can obtain court orders against …-parties to the arbitration after an award has been granted? (This is sometimes referred to, sometimes confusingly, as the English …
Persistent link: https://www.econbiz.de/10012891588
International maritime industry constitutes one of the areas in which the resource to arbitration and other ADR devices …. However, international maritime arbitration cannot be approached as a unitary reality as regards those disputes referred to it … regime of arbitration agreements in the specific field of disputes arising out of the use of the ship or the carriage of …
Persistent link: https://www.econbiz.de/10012895873
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Persistent link: https://www.econbiz.de/10012897283