...terminations. Furthermore, unilateral denunciation of treaties is hindered by “survival clauses” or “sunset clauses,” which ensure the continuity of protections for a considerable period, even after termination. Consequently, this approach...
Search Results for : %22Umbrella Clauses%22
Author: Christos Ravanides* Published: February 2009 Jurisdictions: China Italy Argentina Brazil Chile United States Topics: Standard and Model Arbitration Clauses ADR Enforceability Description: INTRODUCTION When, back in the days of...
Arbitration Clauses in Public Company Charters: An Expansion of the ...
...Int’l Chamber of Com., ICC Force Majeure and Hardship Clauses 2020: Introductory Note and Commentary, 2020 Int’l Comm. Arb. 2. [8] See Firoozmand & Zamani, supra note 1, at 409-10....
COVID-19 and Force Majeure: How Will International Arbitral Tribunals Treat ...
...a fair representation of diverse candidates on their rosters and list of potential arbitrator appointees.”). [110] See International Institute for Conflict Prevention & Resolution, Diversity Commitment Clause, https://www.cpradr.org/resource-center/model-clauses/arbitration-model-clauses/diversity-focus [https://perma.cc/9DX3-8LET]. [111]...
A 360-Degree, Kaleidoscopic View of Diversity and Inclusion (or Lack ...
Author: Otto Sandrock* Published: April 2010 Jurisdiction: Europe Topics: Choice of Forum/Place of Proceedings Standard and Model Arbitration Clauses Description: I. INTRODUCTION Before parties enter into international contracts, attorneys often...
The Choice Between Forum Selection, Mediation and Arbitration Clauses: European ...
...clauses is evident from the wavering stance taken by different US courts. A careful analysis of the relevant judicial decisions reveals the considerations that are necessary to determine whether a...
Unilateral Arbitrator Appointments in the US – A tussle between ...
...protections of sunset clauses are truly illusory against mutual termination or whether investors in fact have plausible claims against the Commission, the host-State, or their home-State upon the mutual termination...
Mutual Termination of Sunset Clauses in Intra-EU BITs: The Search ...
Author: Marc Blessing* Published: December 1994 Topics: Standard and Model Arbitration Clauses Description: Here is the essence and the best advice: If you need an arbitration clause: * go and...
Drafting Arbitration Clauses – Vol. 5 No. 1-4
...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 ...
...and defenses including an investor’s legitimate expectations under fair and equitable treatment clauses,[1] due process and non-discrimination in expropriation, protection of investments under full protection and security clauses,[2] the use...
The Challenge of Scientific Uncertainty in Future Investment Disputes Related ...
Author: Hans Smit* Published: December 2010 Jurisdiction: United States Topics: Standard and Model Arbitration Clauses Class Action Description: I. INTRODUCTION Mass marketers have shown an understandable affinity for arbitration clauses...
AT&T Mobility v. Concepcion: Can Class Actions Be Brought In Arbitration? ...
...with this regard since, in 2003, it enacted a special set of rules designed to govern (i) the adoption of arbitral clauses in the company’s charter and bylaws and (ii)...