...and Zachary P. Ulrich Ethics for Arbitrators at the International Level: Who Writes the Rules of the Game? Megan K. Niedermeyer A Common-Law Court in an Uncommon Environment: The DIFC... Volume 25: Issue 3–4 (April 2015)March 30, 2017 by ARIA
...measures of a Member State that are designed and applied to protect legitimate public welfare objectives, such as public health, safety and the environment, do not constitute an expropriation…” [6]... The Challenge of Scientific Uncertainty in Future Investment Disputes Related ...October 27, 2020 in Blog by clairesheridan
...the agreements cause “regulatory chill,”—that they dissuade host-countries from taking actions that are somehow desirable, such as regulations aimed at protecting the health of its citizens or the environment. Another... Economic Aspects of International Investment* – Vol. 30 No. 1July 9, 2020 by Claire Sheridan
Introduction Panel 1 – Human Rights and Environmental Disputes in International Arbitration Panel 2 – Reforming Investment Arbitration: Working Group III and ECT Panel 3A – From Promise to Practice:... Columbia Arbitration Day 2020May 3, 2021 in Blog / Columbia Arbitration Day by clairesheridan
...aversion towards ISDS will either (1) compel investors to enter markets with reduced investment security; or (2) discourage investors from entering markets with unpredictable regulatory environments, and thus weaken global... Systemic Integration: Resolving the Dichotomy of Competing Obligations in International ...November 16, 2020 in Blog by clairesheridan
...a business environment defined by global transactions and cross-border ventures, that arbitration is the preferred means for disposing of international disputes. Though uniformly praised, international arbitration is grounded in disparate... Collective Redress in International Arbitration: An American Idea, A European ...July 21, 2020 by Claire Sheridan
...inability to admit vulnerability – a trait universally perceived as a sign of weakness”.[10] For arbitration practitioners, operating in an environment of intense competition, displays of vulnerability are generally to... Through the Looking-Glass: Wellbeing in Arbitration — Part 2May 23, 2022 in Blog by ARIA
...factor– the intrinsic Chinese negotiation style, and the attitude toward contract, and the explicit factor– a degraded environment of business ethics and deficiencies of legal and institutional support. As to... The Enforcement of Mediation Settlement Agreements in China* – Vol. ...July 21, 2020 by Claire Sheridan
...aim to uphold the responsibility of businesses to conduct germane human rights due diligence within their supply chains, the onus to provide a conducive legal environment for such due diligence... Hague Rules on Business and Human Rights Arbitration: What Lies ...September 28, 2020 in Blog by clairesheridan
...State’s intent, is the critical factor.”[6] Similarly, in Santa Elena v. Costa Rica, it was held that regulations framed to protect the environment were no different from other expropriatory laws,... Police Powers as a Defence to COVID-19 Liability: Does it ...August 6, 2020 in Blog by Claire Sheridan
Author: Stephen McAuley* Published: December 2005 Topics: Commercial Disputes Dispute Resolution and Litigation Practice and Procedure Unification of Arbitration Law Description: In an increasingly borderless and multijurisdictional international business environment,... Achieving the Harmonization of Transnational Civil Procedure: Will the ALI/UNIDROIT ...July 26, 2020 by Claire Sheridan
...Plan’s objectives and to increase the level of trust in China as a more open and arbitration-friendly environment. I. INTRODUCTION […] The focus of this paper’s analysis is on the... The Lin-Gang Framework Plan in The Shanghai Free-Trade Zone: A ...February 9, 2022 by ARIA