Do juizo arbitral

Arbitral Functions and Constitutive Rules

It is nowadays widely recognized that constitutive rules play a key role in social ontology. Their definitional character is the primary source of the meaning of every rule-based activity, but what can ensure the persistence of this activity? The most common reply found in literature is to rely on social acceptance; even though this is certainly true, it is nonetheless not sufficient to explain...

enforcement of nullified arbitral awards

one of the most controversial issues in international commercial arbitrations in the last two decades is enforcement of arbitral awards which have been annulled in their country/ies of issuance or in broader word in their country/ies of origin. two contradictory opinions on the matter are based on two different approaches on territorial or extraterritorial effect of nullification of arbitral aw...

Bootstrapping and Slouching Toward Gomorrah: Arbitral Infatuation and the Decline of Consent

competent court for annulment of arbitral award in international arbitration

one of the complicated debates in international commercial arbitration law is the matter of judicial competence for examination of challenge over arbitral awards and annulment proceedings. in the first part of this essay, i have tried to clarify that judicial competence on annulment proceedings is limited to national or domestic arbitral awards and then, to give main criteria for determination ...

Do We Know What We Do not Know? A Response to Celine Bonnet