...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...
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...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 ...
...arbitration has emerged in the United States. Called final offer, or last-best offer, arbitration, the dispute resolution procedure limits an arbitrator to choosing the final offer made by one of...
Final Offer Arbitration: A Model for Dispute Resolution in Domestic ...
...the UK—one of the most important enforcement hubs—refuses substitution, will buyers still pay for awards? Yes, because buyers are not only buying the procedural right to appear as claimant. They...
After Operafund v Spain: Why ICSID Award Trading Will Survive—But ...
Author: Lee D. Neumann** Published: October 1990 Description: Within the last several years, Switzerland and Belgium have enacted laws that purport to offer legal environments especially favorable to international commercial...
Limiting Judicial Review in International Commercial Arbitration: The New Swiss ...
...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 ...
Author: Nicholas Song* Published: August 2009 Jurisdiction: Argentina Topics: Investment Disputes ICSID Washington Convention Description: I. INTRODUCTION The dawn of the 21st century did not augur a bright start to...
Between Scylla and Charybdis: Can a Plea of Necessity Offer ...
...is widely assumed that many parties select arbitration to resolve their disputes at least in part because an arbitral award offers an effective and early end to the dispute in...
Betting the Farm on International Arbitration: Is It Time to ...
...is offered on a ‘non-recourse’ basis, which means the funder may seek repayment only from the proceeds of the arbitration. The TPF market is increasingly diverse, with more and more...
Arbitration Finance in the Aftermath of a Pandemic: Third-Party Funding ...
...claims. Part IV analyzes the negotiation parameters underlying the funding decision making process. Part V offers some tips for the funding parties to consider in negotiating the funding agreement. Part...
Negotiating Funding Arrangements: Trick or Treat
...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...