...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...
Search Results for : "Award"
...issues, one of which is the legal nature of arbitral awards. According to the Croatian Constitutional Court’s decision number U-III-410/1995, an arbitral award is an act of delegated jurisdiction which...
The Role of Tribunals and Courts in Preserving the Rule ...
...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 ...
...the mandatory rules of a particular regime and he is bound to apply the law chosen by the parties; but he also has a duty to render an enforceable award,...
A Choice of Public Law? Resolving the International Arbitration’s Dilemma ...
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
...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 ...
...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...
The Enforcement of ICSID Awards: Revolutionary or Ineffective? – Vol. ...
...awards to be appealed on the basis of questions law. A DELICATE BALANCE Mr. Gearing’s interest in the question of whether appeals on questions of law are worth the trouble...
TagTime with Matthew Gearing QC – Appeals on Questions of ...
...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 ...
...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 ...
...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 – ...
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...