Arbitral tribunal

This investigation stems from Dr. Fonn self-reporting that he his privileges had been suspended for 30 days from a hospital in Cape Girardeau, MO. It was due to alleged conflict of interest and federal prosecution for Anti-Kickback law violations. He also answered positive to remuneration for two cases in the past year. A case was opened. *** On 012-16-2014, the Board office received an application for Missouri Medical License from Dr. Sonjay J. Fonn, DO of Cape Girardeau, MO. In filing for…

The Geneva Protocol (Articles 2) dealt with the arbitral procedure and provided for the procedure, including the constitution of the Arbitration Tribunal, to be governed by the will of the parties and by the law of the country in whose territory the arbitration takes places. The Geneva protocol required each contracting state to .undertake to ensure the execution by its authorities and its accordance with the .provisions of its national laws of arbitral awards made in its own territory two…

cases often valued at millions of dollars and with profound implications for the fate of companies, workers and communities, certainly qualify as agents of central importance in the current legal system. Despite their key importance, arbitrators and arbitral institutions can, at least in theory, enter this market without undertaking any previous licencing and, in practice, have little to none disciplinary oversight from state-backed institutions. This makes international commercial arbitration a…

the Laws of Islamic Republic of Iran. In addition, this contract contained an agreement "…any dispute arising out of or relating to this contract shall be finally settled by arbitration before three arbitrators" and the parties chose London as an arbitral seat. Furthermore, in 2003 the CPCI assigned the contract to Crescent Gas, which is its…

Consolidation under institutional rules in two-party arbitration Table of Contents I. Introduction 1 II. Court ordered consolidation 2 III. Consolidation under institutional rules 5 A. Common provisions 6 B. Criteria used 7 (i) Link between the cases – same legal relationship 7 (ii) Compatibility of the agreements 10 C. Relevant circumstances 11 D. Different arbitrators have already been appointed 11 IV. Conclusions 13 A. Increasingly important role of institutions 13 B. Institutional rules…

CASE NOTE: Inco Europe Ltd & Ors v First Choice Distribution & Ors I. INTRODUCTION This case bears a great importance on II. THE CASE A. FACTS Inco Europe was a dealer in non-ferrous metals traded on the London Metal Exchange. It had previously done business with Steinweg, owner of an approved LME warehouse for metals being traded on the exchange. The two have been in business together for at least three years preceding this collaboration. Inco Europe and Steinweg usually dealt on the terms…

raised in Methanex case; it only presents the third issue in the scope of Article 1110 of NAFTA. The Tribunal argues that ?Measure enacted by California was a lawful regulation and not an expropriation?.[footnoteRef:44] The Methanex award has been compared to the award of Metaclad v. Mexico in regard the measure tantamount to expropriation because of the different award given by tribunal. The Tribunal in Methanex case did not use the Metaclad approach, instead relying expropriation more on…

Good faith has been a consistent argument in the rulings of ICJ and other international tribunals. The ICJ on the matter concerning the admission of two new member states to the UN, expressly held that the principle of good faith limited the admissible exercise of discretion. Further in the North Sea Continental Shelf Case, the court (ICJ) based…

Generally, there are two elements to define a rule if a customary law or not: the physical and the psychical. In the aspect of the physical element, a customary law has international usage, general practice or usus. Namely, a customary law has to be practiced worldwide, continuously, repeatedly, unanimously and analogously. In the aspect of the psychical element, a customary law has to be accepted by states in the international society, to get the opinion Juris. The customary laws are usually…

Daring To Step Out the Comfort Zone “ Anyone wants extra credits can get them by attending any of this events.” This was the famous saying of one of my previous teachers. I was a student in IEP level 2. As an ordinary college student, I kept panicking over my grades, and trying to find the best strategy to pass the semester. Although the feeling of urge to earn extra grades almost forced to attend these events, but my fears to lose the opportunity to get extra grade forced myself to attend. It’s…