...Intel factor – A party’s § 1782 request almost always is a way to circumvent the discovery rules of the state whose law is applicable, or the procedure followed by...
Search Results for : %22Law Applicable to Procedure%22
...delocalized internal ICSID procedure for annulment and a facilitated procedure for the recognition and declaration of enforceability by ICSID.[9] The application of the delocalized system to international commercial arbitration was...
A Case for Diversity in the Seat of Arbitration
...transnational civil procedure. The American Law Institute (“ALI”) and the International Institute for the Unification of Private Law (“UNIDROIT”) have jointly developed the Principles and Rules of Transnational Civil Procedure...
Achieving the Harmonization of Transnational Civil Procedure: Will the ALI/UNIDROIT ...
...considerations are directly applicable to the sunset clauses. As a result, the law should stand behind the investors’ legitimate reliance—not only on the BITs’ substantive and procedural protections—but also on...
Treaty Terminating the Intra-EU BITs: a Game-Changer or … Not?
...impossible and burdensome.[12] Civil law countries include hardship provisions in their civil codes which become applicable for international contracts governed by their laws, especially in sanctions-related matters. For instance, the...
Imposition of Economic Sanctions: An Embargo on International Commercial Arbitration?
...procedure? (ii) How detailed are the procedures established by the rules? (iii) How flexible is the arbitrator in applying the procedure? (iv) How predictable is the procedure for the parties...
Commencement of the Arbitration and Conduct of the Arbitration Articles ...
...of the Arbitral Award The procedure for adjudicating an application for the annulment of an arbitral award is defined by reference to the procedure for resolving property disputes under Arts....
Unpacking the New Greek Law on International Commercial Arbitration
Author: Linda Silberman* Published: August 2012 Description: Hans Smit combined the worlds of arbitration and litigation: at Columbia Law School, he taught civil procedure and served as the Director of...
Civil Procedure Meets International Arbitration: A Tribute to Hans Smit ...
...upon Section 44A of the Civil of Procedure Code, 1908 (“CPC”). While the provisions of the CPC are not strictly applicable to the NCLT, their principles can be invoked to...
Foreign Arbitral Awards Under Indian Insolvency Law: Room for Improvement?
...arise both in domestic and foreign trade.”). [95] Id. at 434. [96] Morris S. Rosenthal, The Promotion of International Commercial Arbitration, 6 Arb. J. 223, 225-27 (1951). [97] Id. at...
The Popular Meaning of “Foreign or International Tribunal” in ...
...are commercial for all intents and purposes. The Canadian example is also of great importance since like in India, the international commercial arbitration statute applicable in that case was also...
Is the New York Convention Applicable for the Enforcement of ...
Author: Andreas F. Lowenfeld Published: October 2003 Topics: Commercial Disputes Applicable Law What a strange book this is. The subject of this book is extinctive prescription, although that term is...