...the Model Law and New York Convention, concluding that the statutory position is unclear and domestic positions varied.[18] The issue with such anti-arbitration injunctions is two-fold. Firstly, there is historical...
Search Results for : "Domestic"
...by an arbitrator specialized at the matter at issue, which may not always be the case with disputes submitted to domestic courts. Further, the resolution of disputes before the MAC...
Overview of Securities Arbitration in Brazil: Challenges and Developments
...and should be the focus of further study. An important and related question is how this new and potent principle in the international law realm compares with domestic law norms...
Investor-State Contracts, Host-State “Commitments” and the Myth of Stability in ...
...2000), 41 I.L.M. 896. [20] Lebanon: Flawed Domestic Blast Investigation, Human Rights Watch (Oct. 20, 2020), https://www.hrw.org/news/2020/10/22/lebanon-flawed-domestic-blast-investigation. [21] Ben Hubbard et al., How a Massive Bomb Came Together in Beirut’s...
Potential Arbitration Proceedings for Investor-State Disputes Arising in the Aftermath ...
...unilateral arbitrator appointment clause is unconscionable in both domestic and international arbitration agreements, as envisioned by U.S. law. RELEVANT JUDICIAL DECISIONS U.S. courts have time and again dealt with the...
Unilateral Arbitrator Appointments in the US – A tussle between ...
...contract did not provide that the parties intended to be bound by the United States’ domestic arbitral law. The Mexican Court applied Mexican law to adjudicate the award’s validity. The...
Case Comment: Comissa v. PEMEX, 832 F.3d 92 (2d Cir. ...
...various States and Territories in Australia as the law for domestic arbitrations in Australia, the arbitration statutes of virtually all the States and Territories followed old English Models. In 1974,...
Leave to Appeal and Australia’s Model Uniform Legislation: Curbing Judicial ...
...policy in public international law and domestic law. The Court observed that the term public policy is too broad and cannot be used to justify barring the execution of a...
Assessing the Public Policy Exception and Comparative Perspectives in Enforcing ...
...transnational issue estoppel. The doctrinal basis for the primacy principle may be found in the rule that the Singapore courts should interpret domestic legislation and develop the common law in...
SGCA’s Ruling in Republic of India v. Deutsche Telekom: The ...
...Under Indian Insolvency Law: Room for Improvement? (Blog, August 21, 2020) Rajarshi Singh, Between Scylla and Charybdis: Should Negative Jurisdictional Decisions by the Arbitral Tribunal Be Reviewable By Domestic Courts?...
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...the government’s ability to change policies and regulations. In this context, Brazil chose to rely exclusively on domestic legislation to protect investments. For this reason, there is no investor-state arbitration...
Mining Arbitration in Brazil
...This post aims to examine how the Court has construed and applied not only the domestic regulation but also the relevant international conventions in order to identify the main interpretative...