...onus to demonstrate that the claim or defense is “manifestly without merit”, “manifestly without legal merit”, or “manifestly outside the jurisdiction of the tribunal”. Additionally, the English courts have in...
Search Results for : Merit Janow
...the fall of 2018. The joint Colloquium was organized by Merit E. Janow, Dean of the Columbia School of International and Public Affairs (SIPA), Petros C. Mavroidis, Edwin B. Parker...
Volume 30: Issue 1 (December 2019)
Authors: Merit Janow*, Petros Mavroidis** and Damien J. Neven*** Published: December 2019 Jurisdiction: International Topics: BITs Description: I. UNDERSTANDING INVESTMENT AGREEMENTS Bilateral investment treaties (“BITs”) are a relatively recent phenomenon:...
Introduction: Protecting and Adjudicating Investment—Transcending the Obvious – Vol. 30 ...
...of Arbitration Generally Law Applicable to the Merits Law Applicable to Procedure Lex Mercatoria Mandatory Rules Mediation Mediators Multiple Parties NAFTA National Institutions and Rules National Legislation Nationality of Arbitrators...
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...while avoiding measures for meritless claims. Requiring a demonstration of probable success on the merits would be consistent with how the ICJ has dealt with requests for interim measures in...
Interim Measures in International Arbitration: The Case for Applying High ...
...where a claim or defence is manifestly: (a) without legal merit; or (b) outside the jurisdiction of the Tribunal.[41] Timeline: Tribunals are mandated to render their decisions within 45 days...
New Year, New Rules: Highlighting 10 Key Features of the ...
...in Gayatri Balasamy needs further legislative or doctrinal tightening to prevent merit-based intrusions through the back door. Context: From Setting Aside to Modification Under Section 34 of the 1996 Act,...
Severability and Slippage: Rethinking Judicial Modification in Gayatri Balasamy
...arbitration’s backyard. Arbitrators are entrusted with many responsibilities necessary to fulfill their central duty of adjudicating the merits of the parties’ claims. Occasionally, ethical questions arise that must be answered...
Order to Plurality: Imposing a Hierarchy for Ethics Rules in ...
...to implement “arbitration holds.” Three contemporary phenomena – professionalization of international arbitration, digitalization, and globalization – shape the preservation duty, and merit discussion as an introduction to our topic. First,...
The “Arbitration Hold” in International Arbitration: Holding on to What ...
...might be overstated. Moving forward, Mr. King added, virtual proceedings are “here to stay” and probably will be more prevalent for procedural hearings and oral argument, with a hybrid merits...
ARIA Report: “Arbitration in Two Worlds: U.S. and Brazilian Perspectives ...
...U.N.T.S. 3. *Shambhavi Sinha is a penultimate year law student at Symbiosis Law School, Pune. She is a recipient of GEV Memorial Merit Scholarship,2019 and is interested in Commercial Laws....
The Connection Between a COVID-19 Vaccine, Compulsory Licensing and Potential ...
...controlled manner. The Supreme Court in Modi Entertainment Network v. W.S.G. Cricket[16] enumerated and exhaustively discussed the circumstances would merit the grant of an anti-arbitration injunction. The Calcutta High Court...