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"
...intensely fought International Chamber of Commerce (“ICC”) arbitration, in which we represented Bridas Sociedad Anonima Petrola, Industrial y Comercial (“Bridas”), the Argentine claimant, it could be anticipated that the respondent,...
Where to Vacate and How to Resist Enforcement of Foreign ...
...Description: Costs and interest are important elements of claims and counterclaims in most international arbitrations — and sometimes to such an extent that each may exceed in value the principal...
Costs and their Allocation in International Commercial Arbitrations – Vol. ...
...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 ...
...two “side” agreements represent a unique approach (in their variety and breadth) to the well-recognized need for sound dispute settlement mechanisms in matters involving regional trade agreements. In this paper...
Government to Government Dispute Resolution under NAFTA’s Chapter 20: A ...
...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 ...
...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 ...
...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 ...
...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 ...
...for arbitration with sovereign entities, but for the judicial role in the enforcement of foreign awards generally. On the facts, Dallah looks very much like just another entry in a...
The UK Supreme Court Speaks to International Arbitration: Learning From ...
...party to the arbitration.[4] Ordering a claimant to post security for costs, one could argue, may be an effective way to negate this gambler’s nirvana. However, tribunals in investment arbitrations...