...this “choice of remedies” is “the heart of [the Model Law’s] entire design.” The “choice of remedies” that the court dealt with was that between the active remedy found in...
Search Results for : "Remedies"
Author: Utkarsh Khandelwal* Jurisdiction: India China Topics: Investment Disputes BITs Relief and Remedies in General INTRODUCTION Amidst the growing border tensions between India and China, the Indian government on 29...
The Tik-Tok Ban in India: Remedies Under the ISDS Regime
...judicial expropriation with the separate notion of ‘denial of justice’. Third, it will describe the divergent approach of the tribunals with regards to whether the exhaustion of local remedies is...
Judicial Expropriation in Investment Arbitration: Opening a Can of Worms?
...Martin Dietrich Brauch, Exhaustion of Local Remedies in International Investment Law, IISD Best Practice Series 2, https://www.iisd.org/system/files/publications/best-practices-exhaustion-local-remedies-law-investment-en.pdf; Christoph Schreuer, Travelling the BIT Route of Waiting Periods, Umbrella Clauses and Forks...
The ISDS Clause in the Investment Law of the Kyrgyz ...
...Disputes Arising in the Aftermath of the Beirut Port Explosion (Blog, February 15, 2021) Utkarsh Khandelwal, The Tik-Tok Ban in India: Remedies Under the ISDS Regime (Blog, November 9, 2020)...
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...claims, including fair and equitable treatment.[4] The heightened exhaustion of domestic remedies standards require most investors in Mexico and the US to bring their claim in domestic courts for a...
US-MCA Differences between Arbitration Agreements with Canada, Mexico, and the ...
Author: O. L. O. de Witt Wijnen* Published: December 1994 Jurisdiction: International Topics: Intellectual Property Relief and Remedies in General Reasons Enforcement of Arbitral Awards Interim Measures of Protection New...
Awards and their Enforcement – Vol. 5 No. 1-4
...international arbitration, is to explore the most frequent instances of arbitral misconduct and the remedies for appropriate redress the law and applicable institutional rules fail to provide, but should provide....
Delinquent Arbitrators and Arbitration Counsel – Vol. 20 No. 1
...conservatory and provisional remedies, provide a party to the arbitration with an immediate and temporary protection of rights or property pending a decision on the merits by the arbitral tribunal....
Interim Measures in International Commercial Arbitration under the ICC, AAA, ...
...FPS standard “may also include an obligation to provide adequate mechanism and legal remedies for prosecuting the State organs or private parties responsible for the injury caused to the investor.”[28]...
Potential Arbitration Proceedings for Investor-State Disputes Arising in the Aftermath ...
...had already given an express list of remedies, it would be unreasonable to infer the existence of further remedies.[44] From the discussion above, it can be seen that the position...
Anti-Arbitration Injunctions: The Endless Tussle for Jurisdiction
...to arbitrators the power to adjudicate it and thus authorize the arbitrators to award appropriate remedies. An award of compensatory damages is, of course, the ordinary remedy in international commercial...