...the effectiveness of ICSID awards may vanish if the award is not executed. The question of enforcement of an award in the case of a dispute between a State and...
Search Results for : "Award"
...enforceability. There exists a legitimate expectation that the tribunal take reasonable steps in rendering an enforceable award. This sentiment has been memorialized in Article 26 of the 1975 ICC Rules...
The Role of Blocking Regulations in International Arbitration: A Ground ...
...state, or by awarding the damages to the parent companies outside the host state’s territory. The next section will discuss the taxation of awards by investors’ home states (III). Within...
Tax Gross-up in Investment Treaty Arbitration: Legitimate Concern or a ...
...an award.” LEGAL PRIVILEGE Legal privilege is “the right to withhold certain testimonial or documentary evidence from a legal proceeding, including the right to prevent another from disclosing such information.”[2]...
TagTime with Samaa Haridi – Legal Privilege in International Commercial ...
Author: Kenneth I. Juster* Published: September 1999 Jurisdiction: Costa Rica Topics: Categories of Disputes Investment Disputes Applicable Law International and Transnational Law Arbitral Awards Interest and Costs ICSID Description: The...
The Santa Elena Case: Two Steps Forward, Three Steps Back ...
...Enforcement of Foreign Arbitral Awards (the New York Convention), a national court may refuse to recognize and enforce a foreign arbitration award if the court finds that doing so would...
Judicial Sovereignty and Public Policy under Chinese Arbitration Law – ...
...which defenses against an adverse award are available. These factors are particularly true in the context of international arbitration, which is also directed by the United Nations Convention on the...
Two to Tango: Domestic Grounds for Vacatur Under the New ...
...after an award has been rendered, but also by means of a motion to stay an arbitration that has been initiated or threatened, or, before any proceedings at all, by...
The Arbitrability Question Itself – Vol. 10 No. 3
Author: Thomas E. Carbonneau* Published: August 2012 Description: Over several decades, the federal policy favoring arbitration created a consistent judicial practice that unequivocally supported the enforceability of arbitral awards. The...
The Assault on Judicial Deference – Vol. 23 No. 3-4
...v. Argentina, ICSID Case No. ARB/07/26, Award ¶ 1153 (Dec. 8, 2016), https://www.italaw.com/sites/default/files/case-documents/italaw8136_1.pdf. [27] Id., ¶¶ 1194-95. [28] Id., ¶ 1195. [29] Id., ¶¶ 1196-97. [30] Aven v. Republic of...
The EU-China Comprehensive Agreement on Investments – Promoting Sustainable Business ...
...the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”), recognition and enforcement of an arbitration award may be denied if the opposing party can prove that s/he...
The Due Process Defense to Recognition and Enforcement of Foreign ...
...Zara Shafruddin Deciphering De Gusa: The Enforcement in U.S. Courts of International Arbitration Awards Against Alter Egos of the Award-Debtor Marc J. Goldstein Notes Piercing the Double Veil: Enforcing Arbitral...