...had already given an express list of remedies, it would be unreasonable to infer the existence of further remedies.[44] From the discussion above, it can be seen that the position...
Search Results for : %22Relief and Remedies in General%22
...exists about the standard’s threshold, it is generally understood as one of due diligence.[14] In other words, when an investor alleges that a host state violated a treaty’s FPS provision,...
Potential Arbitration Proceedings for Investor-State Disputes Arising in the Aftermath ...
...conservatory and provisional remedies, provide a party to the arbitration with an immediate and temporary protection of rights or property pending a decision on the merits by the arbitral tribunal....
Interim Measures in International Commercial Arbitration under the ICC, AAA, ...
...rules generally do not seek to provide sanctions for such misconduct. On the contrary, they generally purport to exclude liability for whatever arbitrators do in their professional activities and make...
Delinquent Arbitrators and Arbitration Counsel – Vol. 20 No. 1
Advisory Board Alexander G. Fessas is the Secretary General of the ICC International Court of Arbitration. As Secretary General, he is responsible for the operational management and coordination of...
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...contexts, general principles of procedural law (often referred to as “international due process”) are also critically important. Together, general principles of substantive and procedural law help illuminate the content of...
Book Review: Charles T. Kotuby, Jr. & Luke A. Sobota, General ...
...award, and (v) the signature of the arbitrators. In general, all types of relief are permitted. Regarding the requirements to act as arbitrator, the BAA establishes that any person who...
The Brazil-Nigeria Samba: From Partners in Business to Parties in ...
...not set out, in general terms, a duty of the arbitrators to be (and remain) “independent and impartial“. However, it provided for six detailed grounds for disqualifying an arbitrator, covering,...
The Recent Amendment of Italy’s Arbitration Law and the Ongoing ...
...Damages Arbitrators and Arbitral Tribunals Challenge of Arbitrators Description: Fordham Law School’s International Arbitration and Mediation Conference, held on November 22, 2019 at Fordham in New York City, featured a...
ICSID Under the New Rules: A Conversation with Meg Kinnear, ...
...56 Harv. Int’l L.J. 229, 252 (2015) [hereinafter Arato, Corporations as Lawmakers] (citing Société Générale de Surveillance S.A. v. Pakistan, ICSID Case No. ARB/01/13 [hereinafter SGS v. Pakistan]; Société Générale...
Empirics-Based Umbrella Clause Interpretation
...Court to elaborate extensively on the general applicability of the dispute settlement mechanism established by Art. 26 ECT to intra-EU disputes.[11] Because of Belgium’s request for an opinion on the...
Lights Out for the Energy Charter Treaty? The ECJ’s Next ...
...to reduce their liabilities and damages. Both common and civil law jurisdictions have mechanisms in place regarding the avoidance of a contract. A. Common Law versus Civil Law Remedies In...