...(ISDS): BETWEEN PRAGMATISM AND UTOPIA III. PANEL 3 – DISPUTES WITH STATES; INTERSTATE ARBITRATION, INTERNATIONAL COURTS, AND INVESTMENT ARBITRATION IV. PANEL 4 – THIRD-PARTY FUNDING; ETHICAL AND REGULATORY ISSUES Download...
Search Results for : %2Jurisdiction and Powers of the Courts in Matters of Arbitration Generally"
...6. [9] Id. [10] See supra note 1. [11] Id; Kluwer Arbitration Blog, The Intra EU-BITs in the Opinion of AG Wathelet between Light and Shadow (February 4, 2018), http://arbitrationblog.kluwerarbitration.com/2018/02/04/intra-eu-bits-opinion-ag-wathelet-light-shadow/....
The Invalidity of Intra-EU Bilateral Investment Treaties after Slovakia v. ...
...the arbitration agreement. Often difficult to identify and increasingly difficult to apprehend, the law governing the arbitration agreement (“LGAA”) has caused “extensive confusion” among commentators and practitioners of international arbitration....
Favoring Validity: The Hidden Choice of Law Rule for Arbitration ...
...there is no federal common law of contracts.It is accepted that the U.S. Federal Arbitration Act (“FAA”) pre-empts “anti-arbitration” state law measures taken against arbitration agreements. However, until recently, courts...
Whose Law Is It Anyway? The Contract Interpretation Problem in ...
...the students asked me to say something today about what’s happening to investment arbitration, I thought it was also a good place to start this speech. Because at least some...
Columbia Arbitration Day 2020 Keynote Address: Uncanny: Investment Arbitration’s Three ...
...made mistakes. Even the most avid proponent of arbitration is unlikely to make such a claim. A more likely assumption is that the stakes in arbitration are small enough that...
Betting the Farm on International Arbitration: Is It Time to ...
Author: Brooks W. Daly* Published: December, 2019 Jurisdiction: International Topics: Investment Disputes Description: I. THE PERMANENT COURT OF ARBITRATION AND INVESTOR-STATE DISPUTE SETTLEMENT The Permanent Court of Arbitration (“PCA”) is...
Balancing Private Equity Rights and Public Order in Investor-State Arbitration: ...
...and widely recognised as an authoritative work in its field; is a member of ICCA; has participated in the work of international arbitration institutions through membership of the Arbitration Courts...
Modern Trends in the Presentation of Evidence in International Commercial ...
...that is, whether the goal is to protect the exclusive character of the arbitration, to preserve the integrity of the arbitration proceedings, or merely not to aggravate the parties’ dispute....
A Multi-Factor Test for Anti-suit Injunctions in ICSID Arbitration – ...
...mechanism for referring parties back to arbitration have also contributed to Italy’s reputation as a torpedo jurisdiction with respect to arbitration in particular. Download Full PDF *Notes & Comments **J.D.,...
Disarming the Italian Torpedo: The 2006 Italian Arbitration Law Reforms ...
...force and clarity of judicial deference, however, were lessened when courts began minimizing the specialty of labor arbitration and incorporated the so-called common-law grounds into the enforcement regime under the...
The Assault on Judicial Deference – Vol. 23 No. 3-4
...arbitration clause provided that “any dispute relating to or arising out of this sale [the subject of the arbitration] shall be submitted to arbitration before the American Arbitration Association(“AAA”) in...