Author: Andrea K. Bjorklund Published: May 2013 Description: The question of applicable law is one of the most difficult and under-theorized in international investment arbitration. Arbitrators in investment disputes are...
Search Results for : %2Jurisdiction and Powers of the Courts in Matters of Arbitration Generally"
...treaty arbitrations, and inter-sovereign dispute resolution. **Charles B. Rosenberg, based in Washington, D.C., works in the international trade practice of Hogan Lovells. Mr. Rosenberg concentrates on international trade matters, with...
An Introduction to the Energy Charter Treaty – Vol. 20 ...
...of enforcing awards annulled at the seat is one of the tools to insulate arbitral awards from undue, or unpalatable, interferences by state courts with arbitration and to deleverage the...
The Enforcement of Annulled Awards: Further Reflections in Light of Thai-Lao ...
...a Party Proceedings to Compel Arbitration FAA Description: This article examines the potential responsibilities of nonsignatories regarding a final award by considering court treatment of nonsignatories in arbitration agreements. In...
Piercing the Double Veil: Enforcing Arbitral Awards Against Nonsignatories in ...
...courts enforce agreements to arbitrate and support the autonomy of the arbitral process. Moreover, its courts have adopted a clear policy of deference to awards issued by arbitral tribunals. New...
The “Manifest Disregard of Law” Doctrine and International Arbitration in ...
...in favor of a Ukrainian company under the Rules of Arbitration and Appeal of the Federation of Oils, Seeds and Fats Associations Ltd. (“FOSFA”). The predominance of this defense in...
Russia Report: The Enforcement of Foreign Arbitral Awards in 2018 ...
...of the courts to party autonomy (Part II), and the approach of the courts to arbitration (Part III). It then turns to a consideration of the arbitrator’s dilemma (Part IV)...
A Choice of Public Law? Resolving the International Arbitration’s Dilemma ...
...as Chief Judge of the State of New York–the other 80% of my time. In my judicial role, our Court’s encounters with arbitration can generally be summarized in just one...
Junctures: In Life and In Law – Vol. 20 No. ...
...Blog (Feb. 28, 2017), http://arbitrationblog.kluwerarbitration.com/2017/02/28/booked-22-february-polish-bits/?doing_wp_cron=1597504728.5656790733337402343750. [4] Atisha Sisodiya & Smriti Shandil, India’s ban on Chinese apps: Could India face the fire of Investment Treaty Claims? Am. Rev. of Int’l Arb.(September...
The Tik-Tok Ban in India: Remedies Under the ISDS Regime
...is widely accepted and is generally recognized as the driving force of international arbitration. In light of this principle, this paper will analyze the use of multi-tiered dispute resolution clauses...
The Use of Multi-Tiered Dispute Resolution Clauses in Latin America: ...
...of a covered event like a pandemic. Instead of generally listing an “epidemic” as a listed event to try to cover for economic hardship, it would be more advantageous for...
COVID-19 and Force Majeure: How Will International Arbitral Tribunals Treat ...
Author: Hans Smit* Published: December 1997 Topics: Court Decisions Recourse Against Award Generally Description: No one reading Professor Rau’s most elegant presentation of the arguments for his view can avoid...