Authors: Ryan Mellske and Enning Chang[1] Jurisdictions: International United States Topics: Discovery in Aid of Arbitration Procedure Arbitral Process Domestic Arbitration Law “We must go back to the time...
Search Results for : "Domestic"
...are several practical obstacles for victims seeking redress for human rights violations at sea in a court of law. 1. Identification of a domestic court with jurisdiction Some of the...
TagTime with Dr. Yas Banifatemi – Arbitration as a means ...
...domestic systems. But she noted that the question is a complicated one. Indeed, many scholars have addressed it and it has given rise to considerable empirical research. The question itself...
TagTime with Prof. Catherine Rogers – Does International Arbitration Enfeeble ...
...as appropriate, the domestic law of a Party as a matter of fact. In doing so, the Tribunal shall follow the prevailing interpretation given to the domestic law by the...
Lights Out for the Energy Charter Treaty? The ECJ’s Next ...
...commercial arbitration. The court then observed that by way of the 2015 Amendment, the legislature sought to create a distinction between a domestic award arising from a purely domestic arbitration...
Ratnam Sudesh Iyer v. Jackie Kakubhai Shroff: The Supreme Court ...
...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 ...
...may prefer domestic adjudication over arbitration. The reason being that the claims that may be raised before tribunals under the Hague Rules may not necessary draw flak domestically in India....
Hague Rules on Business and Human Rights Arbitration: What Lies ...
...it make whether an award is characterized as “domestic” or “foreign” (or otherwise “non-domestic”)? The most obvious practical effect of this distinction is that the protections of the New York...
Developing Views on What Constitutes a “Foreign Arbitration Agreement” and ...
...the 18-month domestic courts provision constitutes a treaty-based pre-condition to the host State’s consent to arbitrate, where it cannot be bypassed or otherwise waived by the tribunal as a mere...
Whether Contractual Preconditions to Arbitration should be regarded as ‘Impediments’ ...
...was not in compliance with its law.”[16] However, states’ willingness to investigate might be challenging. For instance, the start of domestic investigations might prompt investors to request the issuance of...
Columbia Arbitration Day 2021 – Allegations of Corruption in International ...
Author: Samarth Khanna* Jurisdictions: India Topics: ICSID New York Convention Arbitrability Enforcement of Awards Domestic Proceedings in Investment Arbitration Abstract Usually, investment arbitration awards are passed, recognized and enforced...
Is the New York Convention Applicable for the Enforcement of ...
...Security Interests (ESI) or in circumstances of extreme emergency, provided these measures are; (i) reasonably applied on a non-discriminatory basis and; (ii) are consistent with its domestic laws. For India...