Author: The International Commercial Disputes Committee of the Association of the Bar of the City of New York Published: June 2006 Jurisdiction: International Topics: Enforcement of Arbitral Awards Enforceability New...
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...The International Commercial Disputes Committee of the Association of the Bar of the City of New York, Lack of Jurisdiction and Forum Non Conveniens as Defenses to the Enforcement of...
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...of police power,[3] the defenses of necessity and force majeure,[4] as well as specific treaty-based defenses.[5] Necessity in particular has been the focus of much of the analysis to date,[6]...
The Challenge of Scientific Uncertainty in Future Investment Disputes Related ...
Author: Aurelia Grigera* Jurisdictions: International Argentina Topics: Defenses Investment Disputes ICSID WTO INTRODUCTION Many times in history, governments of different states have been forced to make decisions to protect their...
Necessity in Investment Arbitration: Boosting the ICSID System’s Legitimacy
...measures taken by the Indian government, the substantive obligations owed by India to Chinese investors and the defenses available to India in the event of a breach. III. POTENTIAL CLAIMS...
India’s ban on Chinese apps: Could India face the fire ...
...authority on moving forward with remote hearings, or at least encourage the consideration of holding remote hearings.[10] POTENTIAL CHALLENGES AND DEFENSES Under the Swiss Rules, when ordering a remote hearing,...
Is it appropriate to conduct a remote hearing under the ...
...Investment Treaty Claims in Pandemic Times: Potential Claims and Defenses, (April 8, 2020), http://arbitrationblog.kluwerarbitration.com/2020/04/08/investment-treaty-claims-in-pandemic-times-potential-claims-and-defenses/ [2] Nicholas J. Diamond, Kluwer Arbitration Blog, Pandemics, Emergency Measures, and ISDS, (April 13, 2020), http://arbitrationblog.kluwerarbitration.com/2020/04/13/pandemics-emergency-measures-and-isds/...
Police Powers as a Defence to COVID-19 Liability: Does it ...
...on the same law firms repeatedly could have certain drawbacks. It often led to the repetition of arguments and defenses, potentially compromising the competitiveness of their cases. Central Asian states,...
Event Report: Exploring International Investment Law and Disputes in Central ...
...the right to make procedural applications, submit briefs (including evidence), raise defenses, and even issue “follow-on-notices” [Weiterverkündung] to other third parties (such as sub-subcontractors). Some of the aforementioned rights may...
Third-Party Notices: The Participation of Non-Parties in Arbitral Proceedings Based ...
...trade and investment. Therefore, a model like systemic integration to resolve this dichotomy is critical. The implication of systemic integration as a common rule of interpretation would be threefold: defenses...
Systemic Integration: Resolving the Dichotomy of Competing Obligations in International ...
...and deviation from such contractual preconditions. In addition, no matter of the substantive defenses taken by the opposing party, the two situations of empty formality and interim relief exception are...
Whether Contractual Preconditions to Arbitration should be regarded as ‘Impediments’ ...
...if a party is not 100% successful in its claims and when the respondent is partly successful in its defenses. In cost shifting, tribunals take into consideration the behavior and...