...which it is incorporated? Indeed, D.Lgs. 5/2003 features certain procedural rules which would be applicable only to domestic arbitration, and this gave rise to doubts as to the possibility for...
...provisions regarding the scope of the state’s regulatory power. For instance, the Switzerland-Mexico BIT states: “The Parties recognize that it is inappropriate to encourage investment by relaxing domestic health, safety...
...and domestic legislation stipulate that arbitrators must be impartial and independent, one cannot deny that there is a link between the party and the arbitrator it appoints. The key in...
...and five more signing in the next few months. Thus, countries need to begin considering how to implement the Convention’s obligations in their domestic law. This article addresses the important...
...domestic investors access to ICSID, has recently given rise to a strong wave of criticism. For instance, Konrad von Moltke, a Senior Fellow with the International Institute for Sustainable Development...
...but not only in the United States — international arbitration is a “different animal” and is not merely, but far from, a kind of extension or variation of domestic arbitration,...
...state of the Bern Union by virtue of automatic registration of their intellectual property right without any formal domestic process as the patent concerned. Therefore, there are various reasons which...
...difficult to establish a universal and uniform approach. Other than the domestic laws applicable to a contract, parties also opt for international law instruments such as the United Nations Convention...
Authors: Sakshi Srivastava* Jurisdictions: India Topics: Third-Party Funding Domestic Arbitration Law Third Party Funding In India Third Party funding (hereinafter referred to as TPF) is essentially a new package...
...a system of transnational adjudication, international arbitration corresponds uneasily with national legal cultures and their domestic predilections in the taking of evidence. To point to one pertinent difference, lawyers from...
...therefore must rely on state courts. Most national arbitration laws are straightforward in providing such judicial assistance in the domestic field. In sharp contrast, accessing evidence abroad is usually highly...
...action. This article addresses these cases, and their impact on the homologation (exequatur) and challenge of international and domestic arbitral awards in Italy. Download Full PDF *Notes & Comments **Professor...
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