...avoid the potentially big expense litigating the disputes under a foreign jurisdiction, Chinese investors generally provide in the contracts that all disputes shall be submitted to the Chinese jurisdiction.[3] To...
Search Results for : %22Banking and Finance Disputes%22
...Arbitration.” [4] Lecturer in Law, Columbia Law School; Associate Professor, University of Deusto. [5] Partner, International Arbitration and Natural Resources Disputes, Draper & Draper LLC. [6] Partner, Disputes, litigation and...
Columbia Arbitration Day 2020
...ICC Chamber of Commerce (last visited Mar. 5, 2019), https://iccwbo.org/dispute-resolution-services/belt-road-dispute-resolution/; Quentin Pak, One Belt, One Road: Legal finance and the rise in dispute resolution, Burford (Oct. 23, 2018), http://www.burfordcapital.com/blog/one-belt-one-road-legal-finance-dispute-resolution/. [2]...
Forum Shopping: The One Belt One Road Initiative
Authors: Shashwat Bhaskar* and Winy Daigavane** Published: April 2021 Jurisdictions: International United States United Kingdom Switzerland Australia India Jurisdictions: Commercial Disputes Arbitrability Competition and Antitrust Intellectual Property Investment Disputes Banking...
Arbitrability of Insolvency Disputes: Resolving the Conundrum – Vol. 31 ...
Author: Stefano Castoldi* Jurisdiction: International Italy Topics: Arbitrability National Legislation INTERNATIONAL TRENDS IN CORPORATE ARBITRATION AND THE ITALIAN LEGISLATION The arbitrability of corporate disputes (i.e., disputes among the “internal” stakeholders...
International corporate arbitration: when the arbitration clause in a corporation’s ...
...resolution mechanism in commercial disputes. One of the several reasons for its popularity is the private nature of the arbitral process, which helps the parties keep their disputes confidential.[1] The...
Confidentiality Concerns in Arbitration Disputes: Implementation of Confidentiality in Courts ...
...to determine “reasonable cost”. Arbitration tribunals generally do not take into consideration third-party finance arrangements. For example, a claimant can be financed by a third-party throughout the arbitration proceeding. But...
TagTime with Funke Adekoya SAN – Damages and Costs: Can ...
...the principle of Kompetenz-Kompetenz and decrease judicial intervention in disputes that have an arbitration mechanism. On the other hand, the issuance of anti-arbitration injunction is rendered necessary in matters wherein...
The Muddy Waters of Anti-Arbitration Injunctions in India
Author: Horacio A. Grigera Naón* Published: June 1990 Jurisdiction: Argentina Topics: Commercial Disputes Applicable Law Agreement to Arbitrate Separability Description: Arbitration laws and regulations should enhance the essential advantages of...
The Scope of the Separability of the Arbitration Agreement under ...
Author: Jaroslav Kudrna* Published: July 2020 Jurisdiction: International Topics: Costs and Damages Arbitral Awards Investment Disputes Description: I. INTRODUCTION Damages claimed in investor state cases are increasing in the “new...
Tax Gross-up in Investment Treaty Arbitration: Legitimate Concern or a ...
Author: Diane A. Desierto* Published: November 2017 Jurisdictions: Asia Philippines International Topics: Categories of Disputes Banking and Finance Disputes Investment Disputes Parties States as Parties International Institutions and Rules ICSID...
The Philippine BIT Program and Investor-State Disputes – Vol. 28 ...
Author: Karen Halverson Cross* Published: March 2008 Jurisdiction: Argentina Topics: Categories of Disputes Commercial Disputes Banking and Finance Disputes Investment Disputes ICSID Description: I. INTRODUCTION At the end of 2001,...