...a broad interpretation of the word “tribunal” in §1782(a) would create a conflict with the Federal Arbitration Act (FAA). The FAA offers narrower discovery rights in domestic arbitrations compared to...
...which domestic and international arbitrations are submitted to different rules). As a result, the grounds for challenge of awards are different depending on whether the award subject to review is...
...arbitration treaty concerning the issue since it could provide some assurance. Domestic laws, such as the GDPR and Protection of Personal Data Bill, 2019, are not enough to deal with...
...taxes, the Yukos group was a sophisticated example of investment round-tripping by domestic investors, through the use of holding companies and trusts registered in Cyprus, the Isle of Man, Jersey,...
...judgments are recognized and enforced only when domestic law or a relevant treaty so provides. The rule generally prevailing in civil law systems is that foreign judgments are not recognized...
...relating both to domestic and international commercial arbitration. The new Act thus creates a single and unified legal regime for arbitration in Bangladesh which has also been the trend in...
...of individuals with the legal expertise necessary to support an effective system of arbitration. In addition, each of these States has had long-standing problems with the slowness of domestic court...
Author: Bernard Audit* Published: April 2008 Topics: Dispute Resolution and Litigation Mandatory Rules Description: The notion of mandatory rules originates, at least in civil-law systems, in domestic law, where they...
...international arbitration, we should be clear at the outset that we are mostly concerned here with international, perhaps transnational,1 mandatory rules, leaving for another time a discussion on domestic mandatory...
...may not invoke an inconsistent domestic law to justify its failure to abide by its international obligations.4 One can say that the very purpose of an investment treaty is to...
...the parties, may arrange for administrative assistance by a suitable institution or person.” Thus, both internationally and domestically, party consent is a pre-requisite for availing any administrative assistance. However, in...
...the Tribunal may consider […] the domestic law of a Party as a matter of fact […] follow[ing] the prevailing interpretation given to the domestic law by the courts or...
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