...departs from the conventional way of drafting dispute resolution clause. [1] E.g., Int’l Chamber of Commerce [ICC], Guidance Note on Possible Measures Aimed at Mitigating the Effects of the COVID-19...
...Contract No. GS-23F-8182H), https://www.ncjrs.gov/App/Publications/abstract.aspx?ID=271040. [8] Susan Rutberg, Conversational Cross-Examination, 29 Am. J. of Trial Advoc. 353, 367 (2005). [9] Sara Landström et al., Witnesses Appearing Live Versus on Video: Effects...
...Italy, France, Spain, Germany, etc.) to problems related to the applicability of an arbitration clause, particularly in the context of multi-contract transactions. I. ARBITRATION CLAUSES AND THEIR RELATIVE EFFECTS: A...
...these clauses, and on the other hand, the far-reaching effects on state sovereignty that would result from the application of their plain terms. It is therefore not surprising that many...
...the enforceability of the arbitral award. This article will analyze the effects of economic sanctions at each stage of an arbitration proceeding by referencing various case laws and provisions prevalent...
...to the seat’s civil procedure rules governing judicial proceedings. However, such rules may produce adverse effects in respect of arbitral proceedings, particularly as concerns speed, the desire to avoid the...
Articles The Role of National Courts at the Threshold of Arbitration George A. Bermann The Lesser Evil: How and Why Litigation over Arbitration Awards Should Have Preclusive Effects Michael J....
...arbitration agreement? The question’s importance should not be underestimated. The answer to this choice-of-law question can have outcome-determinative effects, because the substantive analysis can vary significantly under the laws of...
...within the framework of the World Trade Organization, which was intended to safeguard patent rights worldwide, the exploitation of patents has become increasingly international. The combined effects of the greater...
...and investment law have indeed felt the effects of COVID-19. The pandemic highlighted the ability of states to exercise sovereign regulatory power affecting foreign direct investment, and the public at...
Author: Hans Smit** Published: July 1997 Topics: Operation and Effects Enforceability of Arbitration Agreements Enforceability Description: Judges appear to find it awfully difficult not to interfere with arbitration agreed upon...
...You Can Do About Them Edna Sussman Validity of Arbitration Agreements, Court Referral to Arbitration and FAA § 206, Comity, Anti-Suit Injunctions Worldwide and Their Effects in the E.U. Before...