...Development” in particular moves closer towards the global standard, which is evident from the disapproval of some ICSID Tribunals and Annulment Committees for including “Economic Development” as a criteria for...
Search Results for : "Arbitrators and Arbitral Tribunals
...in practice with the EU as an autonomous participant. In other words, while the EU has risen to the level of an acknowledged litigant in classic public international law tribunals...
The European Union and Investor-State Arbitration: A Work in Progress ...
...and tribunals constituted pursuant to these BITs have no jurisdiction to hear investment claims. The Commission has made similar interventions in domestic enforcement proceedings around the world when parties seek...
Mutual Termination of Sunset Clauses in Intra-EU BITs: The Search ...
...frequency of arbitration proceedings in commercial dealings throughout the world, much has been written on the actual benefits conferred by the resort to private, rather than public, dispute resolution tribunals....
In God We Trust, All Others Pay Cash: Security for ...
...Arbitration (the “Rules”) are/were one of the few safe havens in international arbitration. Most parties, counsel and tribunals adopt the Rules either expressly in the contract, Terms of Reference or...
Rule Changes Affecting the International Arbitration Community – Vol. 22 ...
...York City Bar Association The Role of Tribunals and Courts in Preserving the Rule of Law in International Commercial Arbitration: A Croatian Perspective Jadranka Osrecak Choice of Active Remedies Under...
Volume 28: Issue 1 (August 2017)
Author: Jaroslav Kudrna* Published: July 2020 Jurisdiction: International Topics: Costs and Damages Arbitral Awards Investment Disputes Description: I. INTRODUCTION Damages claimed in investor state cases are increasing in the “new...
Tax Gross-up in Investment Treaty Arbitration: Legitimate Concern or a ...
...the CAS – are regulations and statutes of sports governing authorities. The Swiss Federal Tribunal’s pronouncement on this provision creates the impression that regulations and statutes of sport governing organizations...
Proposals to Amend the Code of the Court of Arbitration ...
...of these disputes have been brought under the auspices of the International Centre for the Settlement of Investment Disputes (“ICSID”). Final arbitral awards have since been handed down by ICSID...
Between Scylla and Charybdis: Can a Plea of Necessity Offer ...
...confidentiality exists in investment treaty arbitration in the absence of an express and clear indication from any source remains debatable. On the one hand, international tribunals deny a general obligation...
Should There Be Implied Confidentiality in Investment Treaty Arbitration? – ...
...The Arbitrator’s Pledge/Questionnaire, included in this issue, is also a small but deliberate step toward empowering parties by giving them easy access to important information. Although more attention is being...
Volume 30: Issue 4 (October 2020)
...role of mandatory rules in international commercial disputes. The following cases demonstrate, by way of selective example only, the divergence of decisions by arbitral tribunals in dealing with mandatory rules:...