...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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...(ILC) Draft Articles on Diplomatic Protection (2006) codified this exception, requiring claimants to show that “there are no reasonably available local remedies to provide effective redress, or the local remedies...
A Comparative Analysis of the Enforcement of Multi-tier Dispute Resolution ...
...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
...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...
Specific Relief in International Arbitration
...international arbitration, is to explore the most frequent instances of arbitral misconduct and the remedies for appropriate redress the law and applicable institutional rules fail to provide, but should provide....
Delinquent Arbitrators and Arbitration Counsel – Vol. 20 No. 1
...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....