...far as I can tell none of the arbitrations Hobér cites since the end of World War I involved extinctive prescription. What then is extinctive prescription? Prescription is used not...
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...is extinctive prescription.” This is true of course – but only partially. As indicated already by the title of the thesis the subject is extinctive prescription “and applicable law in...
Comment* – Vol. 12 No. 3-4
...Partner at EnGarde, Isabella Cannata, Associate at Lalive, and Monique Sasson, independent arbitrator. The Agenda is here: https://uba.ua/ukr/events/4345/. The link for the full recording is here: https://www.youtube.com/watch?v=dkpB0SbNRh4&ab_channel=UkrainianBarAssociation [1] https://uba.ua/ukr/structure_committees/committee007/ [2]...
How Can Ukrainian Judgments Recovering War-Related Damages From Russia Be ...
...required the analysis of the latter, which necessitated the tribunal distinguishing which causes were linked to the damage. To determine this sufficient link, tribunals have usually relied on: (i) factual...
Telling Compensable Damages Apart: Addressing Entitlement to Losses of Future ...
...BIT, such as fair and equitable treatment, protection against expropriation without compensation, or the right to a stable regulatory framework. The introduction of these guidelines may amount to a breach...
ISDS in the Era of Mandatory ESG Guidelines: Reforming Existing ...
...conventional obligation to proactively protect foreign investments pursuant to an FPS clause contained in the BIT between the foreign investor’s home-State and the host-State; 3) there should be a link...
Full Protection and Security Standard: A Loophole in Diplomatic Protection ...
...in Ecuador, and Mr. Romero had occupied public office there, whereas no genuine link to Italy subsisted beyond the formal incident of a passport. The conclusion was that a dominant...
The Nationality and Substance Thresholds in Investor-State Jurisdiction: Reassessment ...
...conflicts arising from M&A transactions. This study, which includes more than 400 share and asset transactions throughout Europe for which CMS offered advice, has demonstrated the most recent developments in...
Arbitration In Cross-Border Merger & Acquisition Transactions: An Advantage?
...“Yidaiyilu” Zhongcaiyuan PPP Zhongxin Sheli (“ไธๅธฆไธ่ทฏ”ไปฒ่ฃ้ขPPPไธญๅฟๆ็ซ) (Dec. 12, 2017), http://www.legaldaily.com.cn/Arbitration/content/2017-12/12/content_7417981.htm?node=78348. [5] Xinhua Net (ๆฐๅ็ฝ), Yidaiyilu”Zhongcaiyuan Sheli๏ผ“ไธๅธฆไธ่ทฏ”ไปฒ่ฃ้ข่ฎพ็ซ๏ผ(Nov. 1, 2016), http://www.xinhuanet.com/silkroad/2016-11/01/c_129345689.htm. [6] Id. [7] Id. [8] See Silkroad News (ๆฐๅไธ่ทฏ), Zhongguo Jianzhu...
Recent Developments In Chinaโs Cross-border Dispute Resolution Under the โBelt ...
...international commercial arbitration may prove to be “less expensive” than a dispute settlement by conventional means would ultimately have been. It will, however, rarely be “cheap” and therefore, the crucial...
Costs in ICC Arbitration: A Practitioner’s View – Vol. 3 ...
...And if the answer to the latter question—a cheap answer, perhaps, but not an entirely inaccurate one—is “the parties themselves,” how are we to understand what the parties are telling...
The Arbitrability Question Itself – Vol. 10 No. 3
...a shareholder (especially as a part of the board of directors), and it can do this without violating any champerty restrictions.[10] This practice is common in Ireland and has been...