...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...
Search Results for : "Domestic"
...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...
The “Arbitration Hold” in International Arbitration: Holding on to What ...
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...
Third Party Funding In Arbitration In India
...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...
TagTime with Cecilia Azar – Conflicts of Interest in International ...
...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...
The Weaknesses of the “Rosatti Doctrine”: Ten Reasons Why ICSID’s ...
...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,...
On Communication in International Arbitration – Vol. 3 No. 1-4
...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...
The Connection Between a COVID-19 Vaccine, Compulsory Licensing and Potential ...
...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...
Imposition of Economic Sanctions: An Embargo on International Commercial Arbitration?
...India emphasized that party autonomy should be given priority, allowing purely domestic entities to select foreign seats of arbitration. As compared, there was not a full endorsement in Chinese Mainland...
An Awaited Echo of Party Autonomy: China’s New Arbitration ...
...over 25 years’ experience of practicing law in Pakistan and the U.S. in practice areas including contracts, cross-border transactions, commercial litigation and domestic and international arbitration. He is the Managing...
Multi-Intelligence Justice in International Arbitration
... *Michael A. Fernández is a Partner at Rivero Mestre LLP and Adjunct Professor of Law at Fordham University School of Law. He has extensive experience representing foreign and domestic...
Provisional Measures in Aid of Arbitration in Brazil
...818, once arbitrators have jurisdiction to grant interim relief, such interim jurisdiction is exclusive, thus leaving domestic courts with no concurrent interim jurisdiction.[39] Under the new ICCP, Article 818-bis, interim...