...note explains the advantages and disadvantages of FOA, offers guidance to domestic and international disputants who wish to implement it and describes disputes that can readily benefit from it. Download...
Search Results for : "Domestic"
...commercial arbitration. The court then observed that by way of the 2015 Amendment, the legislature sought to create a distinction between a domestic award arising from a purely domestic arbitration...
Ratnam Sudesh Iyer v. Jackie Kakubhai Shroff: The Supreme Court ...
...claims, including fair and equitable treatment.[4] The heightened exhaustion of domestic remedies standards require most investors in Mexico and the US to bring their claim in domestic courts for a...
US-MCA Differences between Arbitration Agreements with Canada, Mexico, and the ...
...a theme that animated the abuse-of-rights holding in Barst, which rested upon the Claimants’ own characterisation of their investment as domestic. An investor who accepts resident or domestic treatment, with...
The Nationality and Substance Thresholds in Investor-State Jurisdiction: Reassessment ...
...of WCC and not WMH incurred apparent domestic legal risks. The US court and tax authorities might doubt whether the Type G reorganization had been effectively implemented, which involved immediate...
Unsecured Creditors: How the Westmoreland Arbitrations Have Undermined Type G ...
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 ...
...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
Author: Harout Jack Samra* Published: October 2010 Jurisdiction: United States Topics: Law Applicable to the Merits Law Applicable to Procedure Enforceability New York Convention Description: I. INTRODUCTION Over the last...
Two to Tango: Domestic Grounds for Vacatur Under the New ...
...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 ...
...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’ ...
...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 ...
...domestic and international courts, as well as arbitral tribunals, AI systems now increasingly shape the approach about how facts are analyzed, arguments formulated, evidence assessed, and decisions drafted. AI tools...