...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
...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 ...
...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 ...
...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 ...
...“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 ...
...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?
...Court Agreements, HCCH, https://www.hcch.net/en/instruments/conventions/status-table/?cid=98 (last visited Nov. 8, 2020). [24] Convention on Choice of Court Agreements, art. 2(4), June 30, 2005, https://assets.hcch.net/docs/510bc238-7318-47ed-9ed5-e0972510d98b.pdf. [25] The Hollandia, [1983] 1 AC 565, 576....
Dispute Resolution Clause in the ICC Rules 2021: An Innovative ...
...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...
Arbitration Finance in the Aftermath of a Pandemic: Third-Party Funding ...
...net zero greenhouse gas emissions by 2050 in a procedurally fair manner. Both the High Court and the Court of Appeal[18] ruled in favor of the defendant. It was held...
What Role Does Dispute Resolution Have in Tackling Climate Change?
...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...