...a means of avoiding arbitration clauses. In India, there is a general consensus that arbitration clauses should be avoided to enforce mandatory laws, such as competition laws, which aim to...
Search Results for : %22Relief and Remedies in General%22
Author: Alberto Alvarez-Jiménez* Published: July 2007 Topics: Categories of Disputes Investment Disputes Sources of Arbitration Law BITs Description: (“BITs”) have recently dealt with the issue of ex post general regulations...
Ex Post General Regulation and Investment Protection in Recent International ...
...varying scope of good faith used in legal systems, but many authorities indicate that good faith is a general principle of law. However, within this overarching general principle, there is...
TagTime with Prof. Dr. Mohamed S. Abdel Wahab – Good ...
...to the arbitration. The general assumption that arbitration proceedings are private and confidential stands corrected in the 21st century.[1] The case Emmott v. Michael Wilson & Partners Ltd.[2] made a...
Confidentiality in International Commercial Arbitration: Determining Factor for Safeguarding the ...
Author: Tarang Agarwal* Jurisdictions: India Topics: Arbitration Legislation UNCITRAL Model Law Arbitral Process Post-Award Remedies In a judgment passed in the case of Ratnam Sudesh Iyer v. Jackie Kakubhai Shroff[1]...
Ratnam Sudesh Iyer v. Jackie Kakubhai Shroff: The Supreme Court ...
...have jurisdiction for violations that occur at sea. However, a common requirement to access them is the exhaustion of local remedies or compelling proof that following domestic judicial procedures would...
TagTime with Dr. Yas Banifatemi – Arbitration as a means ...
Author: Randall Peerenboom Published: December 2005 Jurisdiction: China Topics: Dispute Resolution and Litigation Description: This mammoth two-volume set is a treasure trove of information on arbitration in China. A team...
Jerome Cohen, Neil Kaplan & Peter Malanczuk, Advisory Eds., Daniel ...
...precludes the wrongfulness of a state’s action, thereby allowing the state to avoid responsibility and liability.[5] It is generally accepted that Article 25 of the ILC Draft adequately codified the...
Necessity in Investment Arbitration: Boosting the ICSID System’s Legitimacy
Author: Robert Coulson* Published: December 1994 Jurisdiction: United States Topics: ADR AAA Description: In recent years, many executives in the United States and elsewhere have been disenchanted by attempting to...
Arbitration and Other Forms of Alternative Dispute Resolution – General ...
...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 ...
...discussion by providing a general overview of the impacts of corruption on the world’s economy. According to the UN Secretary-General, corruption represents 5% of the global GDP, and the World...
Columbia Arbitration Day 2021 – Allegations of Corruption in International ...
Author: Julian Ranetunge** Published: September 2019 Jurisdiction: International Topics: Court Decisions Anti-Suit Injunctions Judicial Assistance in Procedural Matters Jurisdiction and Powers of the Courts in Matters of Arbitration Generally Description:...