...it lacks jurisdiction to hear the dispute. II. POSITION OF REVIEWABILITY OF NEGATIVE JURISDICTIONAL FINDINGS UNDER UNCITRAL MODEL LAW The UNCITRAL Model Law (‘Model Law’) provides for reviewability of a...
Search Results for : %22Applicable Law%22
...based on the UNCITRAL Model Law on International Commercial Arbitration. The first version of the Greek International Arbitration Law was included in Law 2735/1999 and based on the 1985 version...
Unpacking the New Greek Law on International Commercial Arbitration
...the other stakeholders in this debate that also have a responsibility: law schools, law firms and academics. As gateways to the arbitration field (and law in general), law schools are...
A 360-Degree, Kaleidoscopic View of Diversity and Inclusion (or Lack ...
...the day’s proceedings as an “encounter,” perhaps a “meeting by chance,” among sponsoring law schools, generations of lawyers and law students, and nations. He acknowledged the assistance of all organizers...
ARIA Report: “Arbitration in Two Worlds: U.S. and Brazilian Perspectives ...
...ATTEMPTING TO HARMONISE COMMON LAW WITH INTERNATIONAL ARBITRATION LAW The foundational tenets of common law are justice, equity and good conscience. These values form the cornerstone of any common law...
Anti-Arbitration Injunctions: The Endless Tussle for Jurisdiction
...a Bulgarian qualified lawyer trained in civil law and common law jurisdictions. She specialises in investor-state arbitration, complex commercial disputes and public international law and is a Dispute Resolution Fellow...
Which Law Applies When Determining Whether a Non-Signatory is Bound ...
...arbitration provided stability and predictability for such global business ventures. In 1947, the renowned international law scholar Philip C. Jessup recognized, in The American Journal of International Law, the “wide-spread...
The Popular Meaning of “Foreign or International Tribunal” in ...
...the ICC Rules (Article 22)[14] and the IBA Evidence Rules (Article 9).[15] Choice of Law According to the choice of law approach, the applicable law will determine the rules relevant...
TagTime with Samaa Haridi – Legal Privilege in International Commercial ...
...his opinion, it would be more efficient to unify substantive law and dispute resolution across Africa by consolidating the gains of the OHADA treaty. As an anglophone, common law lawyer,...
TagTime with Yemi Candide-Johnson SAN – Intra-Africa trade and the ...
...to reduce their liabilities and damages. Both common and civil law jurisdictions have mechanisms in place regarding the avoidance of a contract. A. Common Law versus Civil Law Remedies In...
Imposition of Economic Sanctions: An Embargo on International Commercial Arbitration?
...he suggests that any amendment to the law not include the outdated third limitation that the point of law being appealed must be a point of Singaporean law. This is...
TagTime with Matthew Gearing QC – Appeals on Questions of ...
...a means of avoiding arbitration clauses. In India, there is a general consensus that arbitration clauses should be avoided to enforce mandatory laws, such as competition laws, which aim to...