...of blockchain arbitration could well be that it does not just arbitrate a dispute but also facilitates enforcement of the arbitral award. For instance, in the case of small-value e-commerce...
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...main purpose of which is to protect the due process of law of the parties but not to constitute an additional instance to review the arbitral decision.[41] Arbitrability review Article...
Reviewing Colombian Supreme Court Judgments on International Arbitral Awards
...which arguments on climate change form the crux of a case may vary. For instance, in Enrol Vert et al. v Casino, an international coalition of eleven NGOs sued the...
What Role Does Dispute Resolution Have in Tackling Climate Change?
...idiosyncratic to Indian jurisprudence. For instance, the European Union,[10] the United States,[11] and the United Kingdom,[12] have excluded arbitral awards from their civil procedural law. The reason behind such exclusion...
Foreign Arbitral Awards Under Indian Insolvency Law: Room for Improvement?
...underlying interpretation of the term “investment” and remitted the case to the court of first instance in a 2018 decision. This time around, the Paris Court of Appeal referred the...
Lights Out for the Energy Charter Treaty? The ECJ’s Next ...
...more than two parties and/or more than one contract. Multi-contract situations can arise between two or more parties. For instance, the parties may enter into a general agreement (often called...
Multi-Party and Multi-Contract Arbitrations: Procedural Mechanisms and Interpretationof Arbitration Agreements ...
...fraud, and shareholder oppression. For instance, under Indian law, shareholder oppression cases are not arbitrable and must necessarily be submitted to the National Company Law Tribunal.[1] In China, antitrust claims...
Determining Arbitrability at the Pre-Award Stage: An Analysis of the ...
...Patents held by multinational pharmaceutical companies have not always been given primacy over other basic rights in developing countries such as India and China. For instance, in 2012, Switzerland’s Roche...
The Connection Between a COVID-19 Vaccine, Compulsory Licensing and Potential ...
...not observed in the conduct of the arbitration. In all of the instances, it is typically the public policy of the local forum that is applied. Indeed, Article V(1)(b) makes...
Comments on Public Policy in International Arbitration – Vol. 13 ...
...construe the general release in the first instance and vacate or modify the award as necessary”.[11] In essence, rather than simply upholding or vacating the award, the court directed the...
Manifest Disregard: A Legitimate Ground for Vacating International Awards Rendered ...
...member of one of the relevant bars? on what letterhead they use in a particular instance? or should such lawyers simply be held to the standards of whichever professional regulatory...
Standards of Conduct for Counsel in International Arbitration – Vol. ...
...sensitive issues, enhancing procedural legitimacy. However, the MFA’s involvement introduces complexities, particularly in cases involving politically charged disputes. For instance, certifications related to defense agreements or intergovernmental projects may delay...