...arbitration. Article 5 of the United Nations Commission on International Trade Law, Model Law on International Commercial Arbitration (“UNCITRAL Model Law”) prescribes that “no court shall intervene except where so...
Search Results for : %22Standard and Model Arbitration Clauses%22
...those located at the seat of an arbitration—play an important role in safeguarding arbitration’s legitimacy and efficacy.[2] During the course of an arbitration—from the pre-arbitration stage to the post-award stage—...
Provisional Measures in Aid of Arbitration in Brazil
...Today, the opposite position is the prevailing wisdom: appearance before a court during an arbitration is considered anti-arbitration. It is not always pro-arbitration for an arbitration to proceed, or to...
ARIA Report: “Arbitration in Two Worlds: U.S. and Brazilian Perspectives ...
...investment arbitration: Singapore International Arbitration Centre Investment Rules 2017, China International Economic and Trade Arbitration Commission (Hong Kong Arbitration Centre) Investment Arbitration Rules, and the Comprehensive Economic and Trade Agreement...
Arbitration Finance in the Aftermath of a Pandemic: Third-Party Funding ...
...arbitrations, the modality of appointment of the arbitral tribunal, the subjects which are bound by arbitration clauses in corporate charters and bylaws and various other procedural aspects of corporate arbitrations...
International corporate arbitration: when the arbitration clause in a corporation’s ...
...Natalia Alenkina, Arbitration in Kyrgyzstan: Evolution and Next Steps Ahead,Kluwer Arb. Blog (Feb. 22, 2019), http://arbitrationblog.kluwerarbitration.com/2019/02/22/arbitration-in-kyrgyzstan-evolution-and-next-steps-ahead/. [12] Id. [13] Kyrgyz Republic Judicial System Diagnostic: Measuring Progress and Identifying Needs, World...
The ISDS Clause in the Investment Law of the Kyrgyz ...
...shown a continuous rise in the number of arbitration clauses. In the past eleven years (2010 – 2020), when arbitration use averaged 33%, its present popularity as a dispute settlement...
Arbitration In Cross-Border Merger & Acquisition Transactions: An Advantage?
...International Commercial Arbitration (“UNCITRAL Model Law”) as the basis of their respective arbitration legislations. Pertinently, the UNCITRAL Model Law does not contain specific provisions concerning the principle of confidentiality. Therefore,...
Confidentiality Concerns in Arbitration Disputes: Implementation of Confidentiality in Courts ...
...Arbitration: Noteworthy or Not Worthy for Victims of Human Rights Violations? Kluwer Arbitration Blog (May 5, 2020) http://arbitrationblog.kluwerarbitration.com/2020/05/05/the-hague-rules-on-business-and-human-rights-arbitration-noteworthy-or-not-worthy-for-victims-of-human-rights-violations/. [20] U.N. High Commissioner for Human Rights, Introduction to the Guiding Principles...
Hague Rules on Business and Human Rights Arbitration: What Lies ...
Authors: Henrique Carneiro* Jurisdiction: International Topics: Umbrella Clauses Investment Arbitration Introduction For decades, arbitral tribunals and legal commentators have debated about the proper way to interpret the...
Empirics-Based Umbrella Clause Interpretation
...just like the function of the penalty clause in private contracts. Consequently, modern stabilization clauses (e.g., Economic Equilibrium Clauses (EEC)), renegotiation clauses, and the clause that determines the value of...
Taking Stock of the Validity and Legal Impact of Traditional ...
...in respect of non-ICSID arbitrations states that: “These arbitrations are subject to the usual ground rules of international commercial arbitration, i.e., subject to the arbitration law of the arbitral seat,...