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Mannat Garkal
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Decks in this class (19)
W1: Introduction to ICA
1. Nature of Arbitration
2. Other ADR Mechanisms
3. Types of Arbitration
4. Advantages and Disadvantages, and Different Types, of Arbitration
5. Arbitration and Courts
14
cards
W2: Sources of the Law in ICA
1. Laws and Rules on ICA
2. Representations of ICA
3. The Role of the Seat of Arbitration
24
cards
W3: Arbitration Agreements I
Types
Validity
Scope
Enforceability
Arbitrability
44
cards
W4: Arbitration Agreements II
Enforcement of Agreements
Arbitral Jurisdiction
23
cards
W5: Arbitration Agreements III - Challenging AAs, Extension to Non-Signatories
1. Challenging the AA
i. Before the Courts
ii. Before the Tribunal
2. Extension of the AA to Non-Signatories
11
cards
W6: Effect of EU Law on Arbitral Jurisdiction
1. Brussels I Regulation
2. Anti-Suit Injunctions Not Allowed Within the EU
i. Proceedings in Another Member State
ii. Enforcement of an AA and Proceedings in Another Member State
iii. Enforcement of an AA and Proceedings in a Non-Member State
iv. Anti-Suit Injunction Issues by the Arbitral Tribunal and Arbitration in Another Member State
v. The Position u/the Brussels I Recast
vi. Achmea case
vii. Brexit (?)
10
cards
W7: Laws and Rules Applicable to the Merits
1. Choice-of-Law Rules Applicable in ICA
2. Party Autonomy
3. 'Law' v 'Rules of Law'
4. Opting Out of the Application of the Law: Ex Aequo Et Bono/Amiable Compositeur
5. Choice of the Applicable Law by the Arbitrators in the Absence of Party Autonomy
6. Int'lly Mandatory Rules and Public Policy
22
cards
W8: Arbitrators I - Appointment, Challenges and Replacement
1. Introduction to Procedural Issues: Lex Arbitri; Curial Law; Key Events in ICA Proceedings
2. Appointment
3. Challenges
4. Replacement
11
cards
W9: Arbitrators II - Rights, Duties, and Powers; Role of Domestic Courts
1. Rights
2. Duties
3. Powers
4. Role of Domestic Courts
4
cards
W10: Selected Procedural Issues
1. Provisional Measures
2. Confidentiality and Privacy
9
cards
W11: Arbitral Awards
1. Concept
2. Types
3. Making
4. Content
5. Remedies, Currency, Interest, Costs
6. Effects
24
cards
W12: Recourse Against Arbitral Awards
Types of recourse
1. Challenge and appeal: main principles
2. Challenge on grounds of lack of substantive jurisdiction: s 67
3. Challenge on grounds of serious irregularity: s 68
4. Appeal on point of law: s 69
5. Effects of successful challenge
6. Challenge in some other legal systems
29
cards
W13: Recognition and Enforcement of Arbitral Awards
1. Recognition v Enforcement
2. NYC: General Principles
3. Conditions for Recognition and Enforcement
4. Defences to Recognition and Enforcement
5. Interplay b/w Recognition and Enforcement, and Setting Aside
15
cards
W14: Introduction to IIA
1. IIA and ICA
2. Basic elements of IIA
22
cards
W15: Jurisdiction of IIA Tribunals I
1. Consent
2. Conditions of Consent
3. Jurisdiction and Admissibility
8
cards
W16: Jurisdiction of IIA Tribunals II
1. Investor
2. State
3. Investment
4. Treaty Shopping
26
cards
W17: Arbitrators in IIA
1. Who's who?
2. Appointment
3. Challenges
4
cards
W18: Provisional Measures & Transparency in IIA
1. Provisional Measures
2. Transparency
9
cards
W19: Challenges, Enforcement & Immunities in IIA
1. Challenges of IIA Awards
2. Enforcement of IIA Awards
3. Immunities
11
cards
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