...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...
...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]...
...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...
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...
...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...
...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...
...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...
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...
...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...
...including several Presidents and the U.S. Departments of State and Commerce, as well as congresspeople, courts, lawyer associations, business and trade associations, arbitral institutions through their networks at home and...
...doctrine which appears to separate African territories. The implementation of this concept into contracts differs in civil and common law traditions. TRADE LINKS WITH CHINA Today, the legacy of Europeans...
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