...[host state]”.[12] Furthermore, the majority held that counterclaims would fall outside the tribunal’s jurisdiction when the BIT does not impose any obligations on investors and the applicable law is the...
Search Results for : "Applicable Law"
...Arbitrators Applicable Law Arbitral Process Representation and Legal Assistance Practice and Procedure Sources of Arbitration Law Parties Description: I. NEED FOR A HIERARCHY Ethics are an untamed wild in international...
Order to Plurality: Imposing a Hierarchy for Ethics Rules in ...
...under otherwise applicable law; and, second, to what extent may otherwise applicable law exclude liability beyond that excluded by this Chapter. 2. The effort of this Chapter is to address...
Miscellaneous Articles: Articles 77 and 78 – Vol. 9 No. ...
...bankruptcy, most of the time, these allegations are groundless. In such instances, a good knowledge of applicable law is key in order for the arbitrator to make the right decision....
TagTime with Prof. Nayla Comair-Obeid – Robust Arbitrators: How to ...
Author: Otto Sandrock* Published: October 2003 Topics: Applicable Law Lex Mercatoria Description: Almost four decades ago, the idea of the lex mercatoria, which had been dormant for several centuries, was...
To Continue Nationalizing or to De-Nationalize? That Is Now the ...
...from various Supreme Court judgments over the decades. The Supreme Court has been liberally interpreting the Constitution and applicable laws, to ensure that parties and citizens at large, get access...
Third Party Funding In Arbitration In India
...place.” It is plausible that an arbitrator’s use of AI without the parties’ consent or in violation of applicable law could give rise to a defense under this or other...
A Closer Look at the New SVAMC Guidelines for AI ...
...Applicable Law International and Transnational Law Arbitral Awards Practice and Procedure Evidence Discovery Indemnity, Damages, Punitive Damages Description: Columbia Arbitration Day consistently attracts some of the leading scholars and practitioners...
Columbia Arbitration Day 2017 – Striking a Balance: Confronting Tensions ...
...investor’s activities, and such claim is well-founded, the State is entitled to full compensation for the damage in accordance with the requirements of applicable law.” compensation for the damage in...
The Perils of Intra-Corporate Arbitration for ESG Disputes
Authors: A. Rohan Perera** and Noel Dias*** Published: June 1991 Jurisdiction: Hong Kong Sri Lanka Topics: Commercial Disputes Investment Disputes Applicable Law ICSID Sources of Arbitration Law BITs Description: This...
Asian Agricultural Products Ltd. v. The Republic of Sri Lanka* ...
...is the applicable law to determine interest in a given dispute? Can arbitrators disregard the rate fixed by the applicable law (whatever this may be) where the rate is believed...
Interest as Damages in International Commercial Arbitration – Vol. 4 ...
Author: Walid John Kassir** Published: December 2004 Jurisdiction: Lebanon Topics: Categories of Disputes Commercial Disputes Investment Disputes Arbitral Adjudication Ad hoc Applicable Law Lex Mercatoria Arbitral Process Choice of Forum/Place...