...apply its domestic proprietary mechanics to execute upon the assetbased on the binding findings of the award. By designing the pleading to treat fraud as a breach, counsel transforms a...
...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...
...An Outline of Recent Changes in Soviet Domestic and International Arbitration Vratislav Pechota Sojuznefteexport v. JOC Oil Ltd.: A Recent Development in Theory of the Separability of the Arbitration Clause...
...some measure of disclosure, views on availability and scope of disclosure vary widely among common law, civil law and other legal systems. In addition, assistance of a domestic court at...
...sure, some of these practices, etc. have found expression in international instruments, most notably the New York Convention3 and various domestic laws, such as the English Arbitration Act. At least...
...publications, including books, articles and comments, on international and domestic arbitration, and ADR. ** M. Veronica Saladino is a Comparative Law Expert at the University of Cagliari, Italy, where she...
...OF INTRA-EU AWARDS OUTSIDE THE EU: THE ACHMEA DEFENSE AND THE RISE OF DOMESTIC LAW CONSIDERATIONS Agata Daszko and Cristian Gallorini A SIGNIFICANT BREAK WITH THE PAST? THE EUROPEAN UNION...
...In such situations, the award-creditor can either seek to assert some form of (political) pressure or turn to domestic courts for post-award proceedings, seeking recognition, enforcement, and/or execution of the...
...and domestic commercial disputes and the Distinguished ADR Practitioner in Residence at Fordham University School of Law. She serves on the arbitration and mediation panels of many of the leading...
...was governed solely by the Arbitration Acts, 1954-1980, which were very similar to the English Legislation prior to the 1996 Arbitration Act in that jurisdiction. While entirely adequate for domestic...
...Russian Arbitration Court and Ad Hoc Arbitration in Russia William R. Spielberger Arbitral & Judicial Decisions Circumvention of New York Convention Requirements Through Application of Domestic Standards: The Case of...
...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...
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