...be sympathetic to the assertion that EU law should trump its treaty rights. Likewise, because each treaty creates its own dispute resolution mechanism (if any), international courts and tribunals may...
Search Results for : "Arbitrators and Arbitral Tribunals
...that investor/State tribunals have created to resolve such conflicts. The fourth part shows how the WTO model can be transplanted to the interpretation of Article 25 and be applied by...
New Approaches to the State of Necessity in Customary International ...
...derived from a hierarchy of digital-asset records. It begins with ordinary arbitral evidence logic. Article 9.1 of the 2020 IBA Rules on the Taking of Evidence places admissibility, relevance, materiality...
When the Wrong System Is Right: Conflicting Records in Digital ...
...and authorized the use of Section 1782 in support of an international arbitration. By way of background, Section 1782 governs “[a]ssistance to foreign and international tribunals and to litigants before...
A Pathway to Obtaining Discovery in the United States in ...
Author: Alberto Alvarez-Jiménez* Published: December 2018 Jurisdictions: International Australia South America Uruguay Venezuela El Salvador Mexico Topics: Sources of Arbitration Law BITs Arbitral Decisions Basic Standards of Due Process States...
Tobacco Control Measures and International Investment Law After Philip Morris ...
...and three awards made concerning the jurisdiction of an arbitral tribunal established under the NAFTA to hear a claim. The following is a brief commentary on the first of these...
The Ethyl Arbitration: First of Its Kind and a Harbinger ...
...of an investment automatically entails a treatment that is not fair and equitable, and vice versa. The legal protection under the FPS standard may be carried out through domestic tribunals...
Full Protection and Security Standard: A Loophole in Diplomatic Protection ...
...literature on international arbitration is that referring to the distribution of powers between courts and arbitrators in order to determine the validity and the personal and subject matter scope of...
Spanish Perspectives on the Doctrines of Kompetenz-Kompetenz and Separability: A ...
...an independent public duty to protect national mandatory laws as well as the enforceability of arbitral awards, a number of writers have further urged arbitrators to apply a so-called “mandatory...
Does International Arbitration Need A Mandatory Rules Method? – Vol. ...
...significantly less than half of arbitration panels. Geographic diversity also remains a major issue, as European arbitrators are appointed most frequently. The proportion of women arbitrators from Asian and African...
Letter from the Editors
...in their contracts. In arbitration, there is no jury, parties can choose their own arbitrators, and the claimant must put up its share of the estimated cost of arbitration up...
AT&T Mobility v. Concepcion: Can Class Actions Be Brought In Arbitration? ...
...think that, maybe, it could be interesting to speculate whether arbitrators are or should be concerned with the wider principles of justice and human rights and matters of that sort....