...the scientific uncertainty surrounding COVID-19 as a circumstance requiring restraint by states in implementing regulatory measures; on the other hand, tribunals could be more lenient toward states as long as...
Search Results for : %22United States%22
...and states has indicated that there is a high degree of compliance by the debtor-state with regard to arbitral awards. The 2008 Survey on Corporate Attitudes and Practices on Recognition...
Enforcement of Arbitral Awards Against States* – Vol. 19 No. ...
...at sea will be discussed in the following lines. A. Obstacles to states policing compliance with human rights at sea based on the type of jurisdiction that they have. One...
TagTime with Dr. Yas Banifatemi – Arbitration as a means ...
...and legal interpretation, do not translate as well into the context of international law. We can take the United States as an example. In 1890, the United States Congress enacted...
Empirics-Based Umbrella Clause Interpretation
...State’s environmental standards, in principle, enables counterclaims raised by States for breaching national measures.[30] In comparison, the EU-China CAI provides a state-to-state dispute settlement (SSDS) mechanism in Section V, as...
The EU-China Comprehensive Agreement on Investments – Promoting Sustainable Business ...
...Split on the Scope of Section 1782 Discovery in the United States: Will it Ever Get Resolved?, Kluwer Arb. Blog. (Sept. 14, 2021), http://arbitrationblog.kluwerarbitration.com/2021/09/14/the-circuit-split-on-the-scope-of-section-1782-discovery-in-the-united-states-will-it-ever-get-resolved/. [14] Intel, 542 U.S. at 258...
Using 28 U.S.C. § 1782 to Assist a Private International ...
...under the aegis of the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (‘ICSID Convention’). India not being a signatory to the ICSID Convention,...
Is the New York Convention Applicable for the Enforcement of ...
...by United States courts. Nevertheless, there has been some reluctance in the international business community to designate the United States as a forum for arbitration out of concern that judicial...
Fiat S.p.A. v. The Ministry of Finance and Planning of ...
...states, foreign state-owned companies, and foreign corporate entities. She is an arbitrator on the ICSID List, first nominated by the United States and by Uzbekistan. Claudia Salomon is...
Our Boards
...made the ECT’s arbitration clause invalid.[3] On January 15, 2019, twenty-two EU member states, including Spain, agreed to terminate their intra-EU BITs, with twenty-one of those states declaring that Achmea...
The Post-Achmea EU: Uncertainty in the Face of Change
...private sector and instead target states, state-owned entities or publicly listed companies where control mechanisms tend to be less efficient. Third, they will look for an industry that receives a...
Columbia Arbitration Day 2021 – Allegations of Corruption in International ...
...and enforcement in the United States of foreign arbitral awards made in other treaty-signatory states. The New York Convention, implemented by Chapter 2 of the Federal Arbitration Act, has the...