Powered by OpenAIRE graph
Found an issue? Give us feedback
addClaim

ILA Recommendations on Lis Pendens and Res Judicata and Arbitration

Authors: F. De Ly; A. Sheppard;

ILA Recommendations on Lis Pendens and Res Judicata and Arbitration

Abstract

HAVING CONSIDERED the Final Report on Res Judicata and Arbitration as well as the Report on Lis Pendens and Arbitration by the Committee on International Commercial Arbitration; RECOGNISING the need for efficiency in conducting arbitral proceedings and also the need for finality of arbitral awards and also the role of party autonomy regarding arbitral proceedings; THANKS the Chairman, the Rapporteur and the Members of the Committee for their work done in developing an understanding of the topic; ADOPTS the Recommendations annexed to this Resolution; COMMENDS the Recommendations to arbitral tribunals, with a view to facilitate uniformity and consistency in the interpretation and application of provisions and principles concerning parallel proceedings and the conclusive and preclusive effects of prior arbitral awards; RECOMMENDS to the Executive Council to renew the mandate of the Committee for a period of four years and to study and report on the topic of iura novit curia in international commercial arbitration. 1. An arbitral tribunal that considers itself to be prima facie competent pursuant to the relevant arbitration agreement should, consistent with the principle of competence-competence , proceed with the arbitration (‘Current Arbitration’) and determine its own jurisdiction, regardless of any other proceedings pending before a national court or another arbitral tribunal in which the parties and one or more of the issues are the same or substantially the same as the ones before the arbitral tribunal in …

  • BIP!
    Impact byBIP!
    selected citations
    These citations are derived from selected sources.
    This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    3
    popularity
    This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
    Top 10%
    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    Top 10%
    impulse
    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
    Average
Powered by OpenAIRE graph
Found an issue? Give us feedback
selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
3
Top 10%
Top 10%
Average
Upload OA version
Are you the author of this publication? Upload your Open Access version to Zenodo!
It’s fast and easy, just two clicks!