Search Results for : "Domestic"

Author: Samarth Khanna* Jurisdictions: India Topics: ICSID New York Convention Arbitrability Enforcement of Awards **Domestic** Proceedings in Investment Arbitration Abstract Usually, investment arbitration awards are passed, recognized and enforced...

Is the New York Convention Applicable for the Enforcement of ...

November 21, 2021 in Blog by ARIA

...the Model Law and New York Convention, concluding that the statutory position is unclear and **domestic** positions varied.[18] The issue with such anti-arbitration injunctions is two-fold. Firstly, there is historical...

Anti-Arbitration Injunctions: The Endless Tussle for Jurisdiction

May 17, 2021 in Blog by clairesheridan

...Security Interests (ESI) or in circumstances of extreme emergency, provided these measures are; (i) reasonably applied on a non-discriminatory basis and; (ii) are consistent with its **domestic** laws. For India...

India’s ban on Chinese apps: Could India face the fire ...

September 13, 2020 in Blog by Claire Sheridan

...the 18-month **domestic** courts provision constitutes a treaty-based pre-condition to the host State’s consent to arbitrate, where it cannot be bypassed or otherwise waived by the tribunal as a mere...

Whether Contractual Preconditions to Arbitration should be regarded as ‘Impediments’ ...

April 28, 2022 in Uncategorized by ARIA

...was not in compliance with its law.”[16] However, states’ willingness to investigate might be challenging. For instance, the start of **domestic** investigations might prompt investors to request the issuance of...

Columbia Arbitration Day 2021 – Allegations of Corruption in International ...

May 6, 2021 in Blog / Columbia Arbitration Day by clairesheridan

...unilateral arbitrator appointment clause is unconscionable in both **domestic** and international arbitration agreements, as envisioned by U.S. law. RELEVANT JUDICIAL DECISIONS U.S. courts have time and again dealt with the...

Unilateral Arbitrator Appointments in the US – A tussle between ...

February 22, 2021 in Blog by clairesheridan

...by an arbitrator specialized at the matter at issue, which may not always be the case with disputes submitted to **domestic** courts. Further, the resolution of disputes before the MAC...

Overview of Securities Arbitration in Brazil: Challenges and Developments

December 15, 2021 in Blog by ARIA

...and should be the focus of further study. An important and related question is how this new and potent principle in the international law realm compares with domestic law norms...

Investor-State Contracts, Host-State “Commitments” and the Myth of Stability in ...

July 17, 2020 by Claire Sheridan

...2000), 41 I.L.M. 896. [20] Lebanon: Flawed **Domestic** Blast Investigation, Human Rights Watch (Oct. 20, 2020), https://www.hrw.org/news/2020/10/22/lebanon-flawed-domestic-blast-investigation. [21] Ben Hubbard et al., How a Massive Bomb Came Together in Beirut’s...

Potential Arbitration Proceedings for Investor-State Disputes Arising in the Aftermath ...

February 15, 2021 in Blog by clairesheridan

...contract did not provide that the parties intended to be bound by the United States’ **domestic** arbitral law. The Mexican Court applied Mexican law to adjudicate the award’s validity. The...

Case Comment: Comissa v. PEMEX, 832 F.3d 92 (2d Cir. ...

June 29, 2023 in Blog by Yue-Zhen Li

...This post aims to examine how the Court has construed and applied not only the **domestic** regulation but also the relevant international conventions in order to identify the main interpretative...

Reviewing Colombian Supreme Court Judgments on International Arbitral Awards

February 26, 2024 in Blog by Yue-Zhen Li

...appreciation to the panelists for the discussion which would explore the unique features of the Central Asian region, including the roots of their **domestic** law systems in the post-Soviet legal...

Event Report: Exploring International Investment Law and Disputes in Central ...

June 12, 2023 in Blog by Yue-Zhen Li