...beneficiaries, the selection of arbitrators, the applicability of business and human rights standards, emergency and expedited arbitration, and the promotion of other forms of collaborative settlement. Matthew Draper shared his...
Search Results for : Settlement
...predicted that “litigants will compare the financial value of a settlement offer to the expected financial value of trial and, of the two, select the course of action with the...
Negotiating Funding Arrangements: Trick or Treat
...Chamber of Commerce (which is now the Chamber of Commerce of the State of New York) which offered facilities for the settlement of disputes between merchants. The arbitration facilities of...
The Popular Meaning of “Foreign or International Tribunal” in ...
...the countries augur greater numbers of disputes requiring settlement. This article addresses the prospect by examining the key elements of arbitration practice in Brazil and Nigeria. It begins by presenting...
The Brazil-Nigeria Samba: From Partners in Business to Parties in ...
...WTO Dispute Settlement System was established during the Uruguay Round, but built on the foundations established by the GATT in 1947. See generally Ernst-Ulrich Petersmann, The GATT/WTO Dispute Settlement System:...
ВITs in Central Asia: Opportunities and Risks
...are perceived as outsiders.”[12] The authors further state that parties in International Centre for Settlement of Investment Disputes’ (‘ICSID’) cases are less likely to seek an annulment if the presiding...
A 360-Degree, Kaleidoscopic View of Diversity and Inclusion (or Lack ...
...Commission’s 2006 Draft Articles on Diplomatic Protection (hereinafter “2006 ILC’s Draft Articles”), a State may exercise diplomatic protection by invoking, through diplomatic action or other means of peaceful settlement, the...
Full Protection and Security Standard: A Loophole in Diplomatic Protection ...
...progressed. In court, judges commonly open the door to settlement; they hold settlement conferences and even actively participate in settlement negotiations. But arbitrators rarely open the door to settlement; when...
Protocols for International Arbitrators Who Dare to Settle Cases – ...
...and understood. They include 1) multi-tiered contractual preconditional escalation clauses to arbitration (broadly containing any combination of Alternative Dispute Resolution [“ADR”] mechanisms such as negotiation, amicable settlements, arbitration, mediation, pre-arbitral...
Whether Contractual Preconditions to Arbitration should be regarded as ‘Impediments’ ...
...raise has become the need of the hour. This post explores how the problematic analysis by the International Center for the Settlement of Investment Disputes tribunals (“ICSID Tribunals”) regarding the...
Necessity in Investment Arbitration: Boosting the ICSID System’s Legitimacy
Author: Gabriele Mazzini* Published: June 2014 Description: I. INTRODUCTION Investor-state arbitration is currently the most widely used method for the settlement of international investment disputes between investors and host States....
The European Union and Investor-State Arbitration: A Work in Progress ...
...by diplomacy, shall be submitted to the International Court of Justice, unless the High Contracting Parties agree to settlement by some other pacific means. In its 2016 ICJ Application, Iran...