A comparative analysis of Interim Measures in the Context of International Arbitration

Comparative Analysis of Interim Measures in the Context of International Arbitration

Comparative analysis in the International Arbitration Protecting the rights of the parties prior to the formation of the arbitral tribunal is very essential. An “interim measure” is a temporary relief in the guise of award or other forms which may be granted at any point in the course of arbitral proceedings in order to preserve or maintain the status quo, assets, or evidence till the dispute gets to the ultimate point. ...

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Objection to Jurisdiction Through the Lens of the English Arbitration Act

The doctrine of competence competence (Kompetenz-Kompetenz) is applied in order to describe the power of an arbitral tribunal to consider and decide disputes regarding its own jurisdiction. This is universally recognized in all arbitration rules and is considered as a conceptual cornerstone of arbitration since it facilitates expeditious settlement of disputes.  In one of the previous articles published on LegaMart blog, specific features of the Arbitration Act 1996 in relation to ...

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Double Requirements of Arbitrators under Arbitration Act 1996

The independence and impartiality of the judges and arbitrators are recognized in all legal systems today. In the context of arbitration, the arbitrators' neutrality is even more important since the arbitrators can be challenged by the parties if they do not meet the double requirements. Indeed, it is well accepted that parties can experience a fair process if the adherence to the central themes in the arbitration is enhanced.  This principle ...

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