Author: Danilo Ruggero Di Bella* Jurisdictions: International Topics: Investor-State Arbitration Procedural Rules An arbitration agreement to submit a dispute to the ICSID need satisfy no requirement other than recording in...
...while obviating the risks of litigation. ESTABLISHMENT OF THE SEAT OF ARBITRATION The seat of arbitration has a substantial role in determining the law governing internal procedural rules of arbitration...
...corporate disputes and toward the procedural rules applicable to such arbitrations, a clear international trend is identifiable in the sense that corporate disputes in closely-held corporations are arbitrable. Another common...
...there is no hindrance in also adopting it for other kinds of disputes. Given that it is a relatively new concept, the arbitration clause, or later the procedural rules, need...
...is to draft good procedural rules, expanding them using previous cases and previous experience. Through these rules, arbitrators have the tools that they need to dismiss guerrilla tactics and to...
...to the appeal arbitration procedure to these Procedural Rules, the parties expressly waive their rights to request any such measures from state authorities or tribunals.’ Although the validity of the...
...or multilaterally accepted procedural rules were essential conditions for the functioning of such a system.”). [63] BNP Paribas v. Deloitte and Touche LLP [2003] EWHC (Comm) 2874,[2004] 1 Lloyd’s Rep...
...Kinnear discussed the process currently underway to amend ICSID’s procedural rules for resolving international investment disputes—as well as broader trends in the field of investor-State dispute settlement. This conversation—published below—has...
...of law, they are often required to navigate the procedural rules of a foreign legal system having jurisdiction over their claims. This might act as a deterrent or an unsurmountable...
...Cohen Smutny debated the similarities and differences between the roles of a judge and of an arbitrator. The panel raised interesting points on impartiality, appreciation of procedural rules, dissenting opinions,...
...available jurisprudence (three decisions and various requests for consultation, plus a non-NAFTA proceeding utilizing the NAFTA procedural rules) in the seven years since NAFTA entered into force. The five decisions...
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