...“international in character.” For example, the Silk Association of America, organized in 1872, used arbitration to resolve disputes involving raw material markets in Europe and the Far East.[27] Still another...
Search Results for : %22International Character of Dispute%22
...well accepted that the public policy character of a rule does not prevent an arbitral tribunal from applying it. In France, for instance, the Paris Court of Appeal decided, in...
The Second Look Doctrine: The European Perspective – Vol. 21 ...
...dispute to an arbitration by ICSID creates the presumption of the applicability of the ICSID Convention to that dispute, even if the application of the ICSID Convention is not expressly...
A Potentially Vast Procedural Framework for ICSID Arbitration Provisions Silent ...
...AfCFTA establishes a dispute settlement mechanism which applies only to the settlement of disputes arising between its state parties. The future of investor-state disputes in the architecture of this treaty...
TagTime with Yemi Candide-Johnson SAN – Intra-Africa trade and the ...
...where the mortgaged property collateral to one of the agreements was located, based on a dispute resolution clause that stated disputes should be resolved in accordance with local laws. The...
Reinforcing the Position on Governing Law of Arbitration Agreement: An ...
...any dispute, unless an express provision for the opposite exists. This puts an end to controversies that have given rise to case law on the arbitrability of administrative law disputes...
Unpacking the New Greek Law on International Commercial Arbitration
...of the dispute. As such, if the parties elect to conduct a virtual hearing, it is even more critical to carefully tailor a dispute resolution clause that is suited to...
Key Considerations in Drafting Dispute Resolution Clause in the COVID ...
...of “protected characteristics” (as defined in the Equality Act 2010[33]) unenforceable.[34] The Equality Act 2010 defines “protected characteristics” as age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity,...
The Recent Amendment of Italy’s Arbitration Law and the Ongoing ...
...certain disputes to be excluded from arbitration. Moreover, the Court noted that competition disputes primarily seek penalties for anti-competitive behavior rather than the damages or compensation typically addressed in contractual...
Harmonizing Arbitration and Competition Law Disputes: Pursuing Consistency In Adjudication
...are perceived as outsiders.”[12] The authors further state that parties in International Centre for Settlement of Investment Disputes’ (‘ICSID’) cases are less likely to seek an annulment if the presiding...
A 360-Degree, Kaleidoscopic View of Diversity and Inclusion (or Lack ...
Author: Nika Bederman* Jurisdiction: Japan Topics: Dispute Resolution and Litigation International Character of Dispute National Legislation Foreign lawyers in Japan can now play a greater role in international arbitration and...
Will the Recent Amendment to the Japanese Foreign Lawyers Act ...
...the Philip Morris Asia v. Australia tribunal opined that a dispute is foreseeable when there is a reasonable prospect that such dispute is materializing, and that a restructure happened at...