...considerable time has passed between when the consent to arbitrate was given and when the dispute arises. Ms. Levine provided some published examples of non-participation, such as the Military and...
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...Only In 2015, to commemorate its 100th anniversary, the Chartered Institute of Arbitrators set out a set of principles, known as the “London Principles,” to be considered when determining an...
A Case for Diversity in the Seat of Arbitration
...a third country chosen by France. By adopting the Arana-Mackau treaty, Argentina agreed to enter into an arbitration agreement with France. This favorable attitude regarding arbitration was subsequently extended when,...
Perspectives of International Arbitration in Latin America – Vol. 17 ...
...taken in La Compagnie Nationale Air France v. Libyan Arab Airlines[5]. An international embargo imposed by the U.N. Security Council affected the contract entered between the Parties. Notably, the wording...
Imposition of Economic Sanctions: An Embargo on International Commercial Arbitration?
...we haven’t lost our vocal cords yet. [1] Lawrence Lessig, TED Talk: Laws that choke creativity (March 2007) (emphasis added) (transcript available at https://www.ted.com/talks/lawrence_lessig_laws_that_choke_creativity/transcript). [2] Lisa Feldman Barrett et al.,...
Humans v. the Infernal Machine: Cross Examination in Virtual ...
...fund the enforcement efforts. See Jeffery Commission & Michael Redman, Navigating judgment enforcement in multi-jurisdictional arbitrations, Burford (Oct. 17, 2019), https://www.burfordcapital.com/insights/insights-container/navigating-judgment-enforcement-in-multi-jurisdictional-arbitrations/. [7] The awareness of the legal finance industry has...
Negotiating Funding Arrangements: Trick or Treat
...Road Initiative 2013-2016, People’s Daily, http://en.people.cn/102775/313196/index.html (last visited Feb. 3, 2018). [3] ChiaGoAbroad, China Establishes “One Belt, One Road” Arbitration Court, http://www.chinagoabroad.com/en/article/21685 (last visited Feb. 1, 2018). [4] Legaldaily (法制网),...
Recent Developments In China’s Cross-border Dispute Resolution Under the “Belt ...
...Lulu Yilun Chen, Chanyaporn Chanjaroen & Laura Joffre, Hong Kong Rule of Law Fears Drive Arbitration Cases to Singapore, Bloomberg (July 22, 2020, 4:00 PM EDT), https://www.bloomberg.com/news/articles/2020-07-22/hong-kong-is-losing-to-singapore-as-a-venue-for-arbitration. [5] 2019 Statistics,...
How Does Hong Kong’s New National Security Law Affect Its ...
...environmental protection by encouraging sustainable business practices. The dispute settlement mechanism provided in the CAI will help to enforce these commitments. PROTECTING HUMAN RIGHTS THROUGH ENVIRONMENTAL AND LABOR REGULATIONS The...
The EU-China Comprehensive Agreement on Investments – Promoting Sustainable Business ...
...RSM Prod. Corp. v. Saint Lucia, ICSID Case No. ARB/12/10, Decision on Saint Lucia’s Request for Security for Costs (Aug. 13, 2014), https://www.italaw.com/sites/default/files/case-documents/italaw3318.pdf; García Armas v. Républica Bolivariana de Venezuela,...
Restating the Exceptional Circumstances that Warrant an Order for Security ...
...it had been given in the Supreme Court of the United States.[21] By way of context, in his new book, The Three Ages of International Commercial Arbitration, Mikaël Schinazi chronicles...
The Popular Meaning of “Foreign or International Tribunal” in ...
...ineligibility of arbitrators in favour of party autonomy.[7] The balance between party autonomy and the impartiality/independence of the arbitrator had previously been discussed in detail by the Supreme Court in...