...Defences, VI. Fundamental Change of Circumstances (Rebus Sic Stantibus / Imprévision), in Law and Practice of Investment Treaties: Standards of Treatment 481, 516 (Kluwer Law International, 2009). [7] Vandevelde, supra...
...is based in “summary form”, unless the parties agree no reasons are to be given.[16] (f) Procedures for preliminary determination and early dismissal of claims and defences shall not be...
...A pandemic arbitration wave? The rise of investor-state arbitrations in the aftermath of the pandemic at 24:25, Int’l Bar Ass’n (Sept. 24, 2020), https://www.ibanet.org/A-pandemic-arbitration-wave.aspx. See also, State defences to investment...
...defences will be invoked as and when arbitration commences to justify the deviation from the Treaty. Under the treaty, there remains not a morsel of doubt––such unilateral suspension is...
Author: Claire Hellweg* Jurisdiction: International Topics: Defences Prior to the current COVID-19 pandemic, recent trends have indicated that international tribunals are reluctant to accept claims of force majeure as a...
...aimed at “those issues the determination of which is essential to a decision on the claims or specific defences raised in the course of the reference.”[47] The failure must be...
...1265 (9th Cir. 1987), [22] May Lu, The New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards: Analysis of the Seven Defences to Oppose Enforcement in the...
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