Author: Arthur W. Rovine* Published: December 1992 Jurisdictions: Iran United States Topics: IUSCT Description: Hans Smit is one of the world’s leading teachers and arbitrators in the burgeoning field of...
Search Results for : united states
...states before international arbitral tribunals for alleged breaches of treaty obligations. As states adopt more robust climate policies, investors have increasingly invoked ISDS provisions within IIAs in response.[13] According to...
Navigating Climate Action and ISDS Risks for South Korea
Author: Anuj Desaf* Published: June 1999 Jurisdictions: Iran United States Topics: Commercial Disputes Arbitral Awards Indemnity, Damages, Punitive Damages IUSCT Description: In 1981, the United States and Iran signed the...
Case No. A27: The Iran-United States Claims Tribunal’s First Award ...
...than statutory mandates.[13] More recently, in Juliana et al. v United States,[14] the plaintiffs grounded their claim in the fact that the government’s fossil fuel policies violated their constitutional rights...
What Role Does Dispute Resolution Have in Tackling Climate Change?
Author: Report of the International Commercial Disputes Committee of the Association of the Bar of the City of New York Published: December 2010 Jurisdiction: United States Topics: Commercial Disputes Judicial...
Obtaining Evidence From Non-Parties In International Arbitration In The United States – ...
...foreign investment reviews in the United States with the enactment of the Foreign Investment Risk Review Modernization Act (“FIRRMA”). The Committee on Foreign Investments in the United States (“CFIUS”), the...
CFIUS Reforms in Context: China in the Crosshairs of CFIUS ...
...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
...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...
The Recognition and Enforcement of Foreign Arbitral Awards as Foreign ...
...“explicit safeguards and exceptions” included to protect a state’s climate regulation. More claims may come up wherein investors may argue that the mandatory ESG guidelines violate their rights under the...
ISDS in the Era of Mandatory ESG Guidelines: Reforming Existing ...
Authors: Gerald Aksen* and Wendy S. Dorman** Published: March 1991 Jurisdiction: United States Topics: Categories of Disputes Commercial Disputes Enforcement of Arbitral Awards Enforceability FAA New York Convention Description: The...
Application of the New York Convention by United States Courts: ...
...the United States and Korea by examining the functions and achievements of their model arbitral institutions: the American Arbitration Association, a major provider of dispute resolution services in the United...
A Comparative Analysis of Arbitral Institutions and Their Achievements in ...
Author: Jeffrey, Chein-Yu Long* Jurisdiction: United States United Kingdom India France Topics: Third Parties in Arbitral Proceedings Practice and Procedure Mediation Mediators Jurisdiction and Powers of the Courts in Matters...