Author: Hans Smit* Published: April 2004 Jurisdiction: United States Topics: Practice and Procedure Discovery Evidence Description: I. INTRODUCTION Since its revision in 1963, Section 1782 of Title 28 of the...
Search Results for : %22Contract Interpretation%22
...more and more commonly incorporated in commercial contracts around the world. This trend is relatively recent, and disputes pertaining to the application and interpretation of ESG clauses are bound to...
ISDS in the Era of Mandatory ESG Guidelines: Reforming Existing ...
...arbitral tribunal. The rules of contractual interpretation[8] impose a mandate or an obligation[9] on the parties to fulfil the precondition first, at least substantially,[10] if not completely and fully, and...
Whether Contractual Preconditions to Arbitration should be regarded as ‘Impediments’ ...
...rules although the test for identification and interpretation has not been elaborated upon.[6] As a result, there is a notable lack of sound theoretical framework for arbitrators to assess mandatory...
The Role of Blocking Regulations in International Arbitration: A Ground ...
...arbitration agreement and thus entitled to the stay of proceedings. Snowden LJ opined that Hacon J erred in concluding that it was a matter of the interpretation of the arbitration...
Which Law Applies When Determining Whether a Non-Signatory is Bound ...
Author: Claire Hellweg** Jurisdiction: International Topics: Contract Interpretation The topic that Prof. Dr. Mohamed S. Abdel Wahab† discusses in this TagTime episode concerns a discussion about good faith.[1] This blog...
TagTime with Prof. Dr. Mohamed S. Abdel Wahab – Good ...
...liberally or in a restrictive manner. (a) UNCITRAL Model Law: The second footnote to Article 1 of the UNCITRAL Model Law purports to give a broad and wide interpretation to...
Is the New York Convention Applicable for the Enforcement of ...
...it bases its interpretation on the legislative history (referring to the 1964 revision of § 1782) of the provision which “corroborates Congress’ recognition that judicial assistance would be available for...
Using 28 U.S.C. § 1782 to Assist a Private International ...
...the Russian Arbitration Association (“RAA”), both of which advocated for a more restrictive interpretation of the Amendment. Overcoming The Obstacles An expansive interpretation of the Amendment allows the sanctioned parties...
Arbitration or Sanctions: Who Survives the Battlefield?
...how the WTO model can also be deployed in the interpretation and application of Article 25, without creating the conditions for its abuse. The article is divided into five parts....
New Approaches to the State of Necessity in Customary International ...
...that the latter cannot be acted upon until the deficiency is rectified. Through a regressive interpretation, the majority judgment in this judgment reduces a curable defect to a jurisdictional issue...
Setting the Clock Back: Judicial Interference in the Appointment of ...
...‘self-contained regime’ or ‘complete code’ which encompasses the totality of obligations between signatory states and investors thereunder.[2] Such an interpretation resists the direct horizontal application of IHRL to investors, as...