...conservatory and provisional remedies, provide a party to the arbitration with an immediate and temporary protection of rights or property pending a decision on the merits by the arbitral tribunal....
Search Results for : "Remedies"
...the sportsperson. Not being able to participate in major sports competitions should also be considered in view of the brief career of most athletes. Arbitration clauses and consequently the remedies...
Proposals to Amend the Code of the Court of Arbitration ...
...FPS standard “may also include an obligation to provide adequate mechanism and legal remedies for prosecuting the State organs or private parties responsible for the injury caused to the investor.”[28]...
Potential Arbitration Proceedings for Investor-State Disputes Arising in the Aftermath ...
...had already given an express list of remedies, it would be unreasonable to infer the existence of further remedies.[44] From the discussion above, it can be seen that the position...
Anti-Arbitration Injunctions: The Endless Tussle for Jurisdiction
...definition of investment that excludes portfolio holdings, omits the most-favoured-nation and fair-and-equitable-treatment standards, and predicates ISDS upon a five-year exhaustion of local remedies. The Model BIT has not been abrogated...
The Nationality and Substance Thresholds in Investor-State Jurisdiction: Reassessment ...
...traded, a state might face claims prosecuted by actors it never contemplated when consenting. But OperaFund was post-award. The arbitration was over, liability fixed (subject to Convention remedies), and the...
After Operafund v Spain: Why ICSID Award Trading Will Survive—But ...
...States agree to remove […] from the system of judicial remedies which the second subparagraph of Article 19(1) TEU requires them to establish in the fields covered by EU law”....
Lights Out for the Energy Charter Treaty? The ECJ’s Next ...
...disputes do arise and self-help remedies are non-viable, parties want to rely on an efficient and effective dispute resolution system. Unfortunately, the divergent nature of procedural law in the different...
Achieving the Harmonization of Transnational Civil Procedure: Will the ALI/UNIDROIT ...
...to reduce their liabilities and damages. Both common and civil law jurisdictions have mechanisms in place regarding the avoidance of a contract. A. Common Law versus Civil Law Remedies In...
Imposition of Economic Sanctions: An Embargo on International Commercial Arbitration?
...mediation, methods for resolving disputes, and representing clients in mediations. In addition to teaching courses on dispute resolution, he teaches domestic and international sales, international business and trade, and remedies....
Mining Mediation Rules for Representation Opportunities and Obstacles – Vol. ...
...grant anti-arbitration injunctions. Section 9 empowers the court to grant interim remedies to parties before or during the arbitral proceedings. Similarly, Section 45 of the Act provides certain powers to...
Do Indian Courts have the Power to Grant Anti-Arbitration Injunctions?
...provisional “award“, as reflected in the body of the provision); and the second one to amend the reference to interim “relief” in section 39(1) to read “remedies“.[41] The first proposed...