...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...
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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 ...
...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 ...
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 ...
...funded 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....
Negotiating Funding Arrangements: Trick or Treat
...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 ...
...years later, the Argentine government offered to exchange the defaulted debt for new debt instruments paying approximately 35 cents on the dollar. In March 2005, the government announced that 76...
Arbitration As A Means Of Resolving Sovereign Debt Disputes – ...
...Silk Road that would link China, its Central Asian neighbors, Europe, the Middle East, and Africa. The scope of the project, which aims to link more than 70 countries with...
Forum Shopping: The One Belt One Road Initiative
...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 ...
...or environmental measures. Accordingly, neither Party should waive or otherwise derogate from, or offer to waive or derogate, such measures as an encouragement for the establishment, acquisition, expansion or retention...
Bridging the Gap Between Investment Arbitrations and Environmental Concerns: Can ...
...by the investor’s acceptance. Rather, the withdrawal of the offers to arbitrate through the Treaty is ineffective, because these offers may only be withdrawn in accordance with the terms the...
Treaty Terminating the Intra-EU BITs: a Game-Changer or … Not?
...WATNA; — with little, if any, sensitivity to the signals that are sent with every offer and counter-offer; — with no awareness that the one sure way to guarantee that...