...this “choice of remedies” is “the heart of [the Model Law’s] entire design.” The “choice of remedies” that the court dealt with was that between the active remedy found in...
Search Results for : "Remedies"
Author: Utkarsh Khandelwal* Jurisdiction: India China Topics: Investment Disputes BITs Relief and Remedies in General INTRODUCTION Amidst the growing border tensions between India and China, the Indian government on 29...
The Tik-Tok Ban in India: Remedies Under the ISDS Regime
...Martin Dietrich Brauch, Exhaustion of Local Remedies in International Investment Law, IISD Best Practice Series 2, https://www.iisd.org/system/files/publications/best-practices-exhaustion-local-remedies-law-investment-en.pdf; Christoph Schreuer, Travelling the BIT Route of Waiting Periods, Umbrella Clauses and Forks...
The ISDS Clause in the Investment Law of the Kyrgyz ...
...(Art. 10). The 2015 Model BIT eliminated this choice, requiring the exhaustion of local legal remedies for five years, followed by a six-month negotiation period before arbitration could commence (Art....
India–UAE Bilateral Investment Treaty 2024: Breaking New Ground or Following ...
...Disputes Arising in the Aftermath of the Beirut Port Explosion (Blog, February 15, 2021) Utkarsh Khandelwal, The Tik-Tok Ban in India: Remedies Under the ISDS Regime (Blog, November 9, 2020)...
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...claims, including fair and equitable treatment.[4] The heightened exhaustion of domestic remedies standards require most investors in Mexico and the US to bring their claim in domestic courts for a...
US-MCA Differences between Arbitration Agreements with Canada, Mexico, and the ...
Author: O. L. O. de Witt Wijnen* Published: December 1994 Jurisdiction: International Topics: Intellectual Property Relief and Remedies in General Reasons Enforcement of Arbitral Awards Interim Measures of Protection New...
Awards and their Enforcement – Vol. 5 No. 1-4
...had already given an express list of remedies, it would be unreasonable to infer the existence of further remedies.[44] From the discussion above, it can be seen that the position...
Anti-Arbitration Injunctions: The Endless Tussle for Jurisdiction
...FPS standard “may also include an obligation to provide adequate mechanism and legal remedies for prosecuting the State organs or private parties responsible for the injury caused to the investor.”[28]...
Potential Arbitration Proceedings for Investor-State Disputes Arising in the Aftermath ...
...conservatory and provisional remedies, provide a party to the arbitration with an immediate and temporary protection of rights or property pending a decision on the merits by the arbitral tribunal....
Interim Measures in International Commercial Arbitration under the ICC, AAA, ...
...the sportsperson. Not being able to participate in major sports competitions should also be considered in view of the brief career of most athletes. Arbitration clauses and consequently the remedies...
Proposals to Amend the Code of the Court of Arbitration ...
...claiming that, “[t]here are important treatises on international arbitration which do not even discuss the variety of remedies which parties may pursue.” The lack of literature is possibly a consequence...