Articles Arbitration in a Changing World Caline Mouawad Delegation Run Amok (read a summary of the Postscript here). George A. Bermann Domestic Proceedings in Investment Arbitration and Possible Strategies to...
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...judicial systems throughout the world means businesses face extra costs and greater uncertainty when engaging in domestic litigation in a foreign jurisdiction. Such problems have created a focus on harmonizing...
Achieving the Harmonization of Transnational Civil Procedure: Will the ALI/UNIDROIT ...
...of the parties to litigation; Alter examines various fora and concludes that, contrary to domestic process where political branches dominate the process, international judges are less subject to appointment politics...
Arbitrating Trade Disputes (Who’s the Boss?) – Vol. 23 No. ...
...of an investment tribunal and written down what it saw, choosing the authority pitched at the level of abstraction its domestic audience required and leaving the liability analysis deliberately unfinished....
The Supervisory Court as an Organ of the State: MPRDC ...
...based upon the conflict rules of their domestic system. However, the arbitrator faces a dilemma: as an agent of the parties, rather than the state, he owes no allegiance to...
A Choice of Public Law? Resolving the International Arbitration’s Dilemma ...
...in international commercial arbitration. Uncertainty exists, however, with respect to the criteria that international arbitrators should apply in determining pre-award and post-award interest. One question that arises in domestic and...
Awards of Interest in International Commercial Arbitration: New York Law ...
...those in the Middle East. Ever since the founding of the Turkish Republic in 1923, domestic arbitration has been regulated by a limited number of articles in the Code of...
International Arbitration in Turkey* – Vol. 14 No. 3
...outlined in an ad hoc setup. The domestic arbitration system in India mostly has ad hoc arbitrations with all tribunals working under the rule of thumb of equal treatment of...
Key Considerations in Drafting Dispute Resolution Clause in the COVID ...
...force majeur. The speakers also emphasized the close link between international public policy principles — i.e. l’ordre public, embodied in this case in the security council resolution — and domestic...
Report from Italy: The Gulf Crisis and Contracts under Execution* ...
...economic reforms may not become fully effective if the law dealing with settlement of both domestic and international ( lest the point be missed; italics added) commercial disputes remains out...
D.P. Mittal, New Law of Arbitration ADR & Contract in ...
...risk in some jurisdictions. However, as Professor Horacio Grigera Naón has observed, some international arbitrators have occasionally determined that a mandatory domestic rule of law “belonging to the proper law...
Applying Mandatory Rules Of Law In International Commercial Arbitration – ...
...practice of national courts. But these difficulties re-emerge when national courts insist on converting into domestic currency international arbitral awards that were rendered in a foreign currency. The question of...