...(S.D.N.Y. July 22, 1988) (Vol. 1(2) June 1990) Robert H. Smit, General Commentary on the WIPO Arbitration Rules, Recommended Clauses, General Provisions and the WIPO Expedited Arbitration Rules Articles 1...
Search Results for : %22Umbrella Clauses%22
...Most Favoured Nation Clauses In Bilateral Investment Treaties Affect Arbitration, Practical Law Arbitration, https://www.lw.com/thoughtLeadership/favoured-nation-clauses-arbitration – Most Favoured Nation (MFN) clauses aim to provide investors of a Contracting State, with no...
Whether Contractual Preconditions to Arbitration should be regarded as ‘Impediments’ ...
...just like the function of the penalty clause in private contracts. Consequently, modern stabilization clauses (e.g., Economic Equilibrium Clauses (EEC)), renegotiation clauses, and the clause that determines the value of...
Taking Stock of the Validity and Legal Impact of Traditional ...
...(the “actual non-discrimination approach”). […] This article […] seeks to draw deeper comparisons between MFN clauses in the World Trade Organization (“WTO”) and MFN clauses in IIAs. It also considers...
Examining New Approaches to the Interpretation of MFN Clauses in ...
...Treaty terminates the BITs, together with their sunset clauses – the provisions extending investment protection for a period of time after the BITs’ termination (Articles 2.2. and 3 of the...
Treaty Terminating the Intra-EU BITs: a Game-Changer or … Not?
...word “obligation” or “commitment” in international investment treaty umbrella clauses. The plain text of such clauses seems, at first glance, to classify as a treaty violation even the most run-of-the-mill...
Empirics-Based Umbrella Clause Interpretation
...of these clauses is demonstrated by the increase of ICC arbitral cases on the enforceability or validity of multi-tiered clauses, in addition to the adoption of the new ICC ADR...
The Use of Multi-Tiered Dispute Resolution Clauses in Latin America: ...
...clauses, they agreed that NPM clauses are non-self-judging when they lack the explicit language to understand them in that way.[35] Argentina argued that Article XI should be interpreted as self-judging,...
Necessity in Investment Arbitration: Boosting the ICSID System’s Legitimacy
...in the BITs can be rendered ineffective through the operation of Most Favored Nation clauses and “import” more favorable dispute settlement clauses from one treaty to another.[53] In effect, the...
The ISDS Clause in the Investment Law of the Kyrgyz ...
...a case that the courts have unanimously interpreted as a basis for nullifying forum selection clauses in maritime bills of lading. The courts have reasoned that forum selection clauses lessen...
Jurisdiction At Bay? The Validity of Foreign Arbitration Clauses in ...
...approaches to the validity of split arbitration clauses—jurisdictions including England and Singapore have broadly accepted such clauses, whilst others, including Russia and France, have been less accommodating. This uneven international...
Split Arbitration Clauses: An International Overview – Vol. 30 No. ...
...clauses and agreements, by which parties may adopt the WIPO Rules to resolve their intellectual property disputes; 2. Articles 1 through 5 of the WIPO Rules — entitled “General Provisions”...