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Non-Confidential Arbitration Proceedings
Arbitration International, 1996THE RECENT Australian High Court decision in Esso Australia Resources Ltd. v. Plowman, 1 has placed in doubt a number of widely held assumptions as to what constitute the essential features of an arbitration. The decision has generated a rush of academic analysis2 in light of the High Court holding that whilst an arbitration is a private arrangement ...
Q. Andrew Rogers, D. Miller
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Parallel Proceedings in International Arbitration
Arbitration International, 2008The same dispute or two closely related disputes may result in parallel proceedings before different arbitral tribunals (or between a national court and an arbitral tribunal), with a resulting risk of conflicting decisions and awards. While there is no unanimous solution to this problem, different procedural mechanisms have been developed to avoid or ...
B. M. Cremades, I. Madalena
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Multiple parties in arbitration proceedings
Nadia Darwazeh, Dhilara Khamitovaopenaire +3 more sources
Arbitration And Concurrent Proceedings
2004Abstract Arbitral tribunals and competition authorities pursue different objectives and have jurisdiction in respect of different remedies. However, in the same way as national courts may exercise jurisdiction over the same factual matters as administrative bodies, arbitral tribunals may have to deal with the same factual matrix as is ...
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The Reinsurance Arbitration Proceedings
2013Reinsurance arbitration proceedings are commonly conducted in a way similar to a hearing before the state courts. However, differentiating factors are inter alia the constitution of the arbitral panel by knowledgeable industry experts, as well as the speed, confidentiality and no precedential character of the arbitral proceedings.
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International Arbitration and Insolvency Proceedings
Arbitration International, 1995WHEN ONE of the parties in an international arbitration is subject to parallel insolvency proceedings (such as judicial administration, rehabilitation, receivership, bankruptcy, or liquidation), the arbitrator is faced with added difficulties and additional issues of fact and law.1 To the same extent, it is clear that, in administered arbitration, the
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Injunctions to Restrain Arbitration Proceedings
2008Abstract This chapter discusses injunction to restrain arbitration proceedings. It is legitimate, from an international perspective, for the courts of the seat of the arbitration to intervene to stop or suspend the arbitration in certain circumstances.
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