...adopted final offer arbitration (“FOA”) to resolve contract-based disagreements. The most publicized use is by Major League Baseball (“Baseball”), which adopted FOA, or salary arbitration, as a means to set...
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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 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 ...
...the new millennium for Argentina. It found itself mired in yet another economic crisis barely a decade after it had recovered from the previous one. And after it adopted emergency...
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 ...
...International Bar Association’s report on Achieving Justice and Human Rights in an Era of Climate Disruption (“IBA Report”) recognized that many states have opted for arbitration when disputes arise between...
What Role Does Dispute Resolution Have in Tackling Climate Change?
...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 ...
...each party has some input to offer during this negotiation phase, the funder is still more powerful. Practically, a balance is very hard to strike given the often-imbalanced positions of...
Negotiating Funding Arrangements: Trick or Treat
...the Indian Bilateral Investment Treaty, 2015, https://investmentpolicyhub.unctad.org/Download/TreatyFile/3560; See also, Jesse Coleman and Kanika Gupta, India’s Revised Model BIT: Two Steps Forward, One Step Back?, Investment Claims (10 September, 2017), http://ccsi.columbia.edu/files/2017/10/Investment-Claims_-India’s-Revised-Model-BIT_-Two-Steps-Forward-One-Step-Back_.pdf...
Bridging the Gap Between Investment Arbitrations and Environmental Concerns: Can ...
...network is also key to securing one’s first arbitration appointment.[108] Law firms are in key positions to provide that support network and other networking opportunities that are usually restricted to...
A 360-Degree, Kaleidoscopic View of Diversity and Inclusion (or Lack ...
Author: Karen Halverson Cross* Published: March 2008 Jurisdiction: Argentina Topics: Categories of Disputes Commercial Disputes Banking and Finance Disputes Investment Disputes ICSID Description: I. INTRODUCTION At the end of 2001,...
Arbitration As A Means Of Resolving Sovereign Debt Disputes – ...
...the state more likely to settle. And if the claim goes on, in the popular idea of the tribunal to “split the baby,” awarding even a small portion of an...