...enacted a series of extra-ordinary measures. These range from social distancing guidelines and economic shutdowns to more controversial measures, such as trade and investment restrictions. However, what cannot be disputed...
Search Results for : %22Interim Measures%22
...Interim Measures Article 43 of the proposed revisions now empowers the arbitral tribunal to order interim measures as the tribunal deems necessary. Under Articles 46 to 49, a party to...
Chinese Ministry of Justice Proposes Amendments to its Arbitration Law
...as Parties Intellectual Property Trademarks and Copyright Description: Philip Morris’s litigation against tobacco control measures based on alleged violations of international investment agreements was a great success for host-States. The...
Tobacco Control Measures and International Investment Law After Philip Morris ...
Author: Richard Allan Horning* Published: December 1998 Topics: Intellectual Property Costs and Damages Interim Measures Relating to Property WIPO Description: The ability of an injured party to have recourse to...
Interim Measures of Protection; Security For Claims And Costs; and ...
...measures to address the crisis, it acquired the dubious honor of being the state with the greatest number of known investment disputes, mostly brought by foreign investors unhappy with these...
Between Scylla and Charybdis: Can a Plea of Necessity Offer ...
...protect the “weakest link” which provides access points for hackers. Even financial institutions or defense corporations that implement adequate security measures on their end may become vulnerable when data is...
TagTime with Catherine Amirfar – Cybersecurity and International Arbitration: A ...
...(“Convention” or “ICSID Convention”) do not distinguish between anti-suit injunctions and other provisional measures. The ICSID Convention does not provide for a specific rule regarding anti-suit injunctions. Article 47 of...
A Multi-Factor Test for Anti-suit Injunctions in ICSID Arbitration – ...
...had to adjust their proceedings to surmount the challenges imposed by the unprecedented global health crisis. Social distancing, travel bans, and lockdowns, among other measures, have strained the functioning of...
Lessons from the Past: Avoiding the Frankfurt Surprise in the ...
...investors. This rule imposes liability on host governments for measures of general applicability when (a) the measures cause a shift in the legal framework that (b) is inconsistent with a...
Investor-State Contracts, Host-State “Commitments” and the Myth of Stability in ...
...addition, the Minister of Justice of the Government of China has released guidelines to bolster the use of virtual arbitration.[6] Even the Courts of Hong Kong are taking positive measures...
Key Considerations in Drafting Dispute Resolution Clause in the COVID ...
...jurisprudence where states are seeking to rely on human rights standards to justify measures taken[13] and where states seek to apply human rights standards to investors.[14] It is not sufficient...
Columbia Arbitration Day 2020
...the investigative apparatus to do so due to their private nature, preventing them from compelling witnesses to testify and issuing coercive investigative measures. Furthermore, it is common for arbitrators to...