...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...
Search Results for : %2Jurisdiction and Powers of the Courts in Matters of Arbitration Generally"
...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 ...
...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 ...
...Law (UNCITRAL). This resulted in such leading contributions to the development of transnational commercial law as UNCITRAL’s Rules of Arbitration and Model Law on International Arbitration, as well as the...
Vratislav Pechota – A Truly International Lawyer – Vol. 15 ...
...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...
Contractual Modification of the Scope of Judicial Review of Arbitral ...
...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. ...
Author: Alberto Alvarez-Jiménez* Published: July 2007 Topics: Categories of Disputes Investment Disputes Sources of Arbitration Law BITs Description: (“BITs”) have recently dealt with the issue of ex post general regulations...
Ex Post General Regulation and Investment Protection in Recent International ...
...counsel before, or serving as arbitrator with, my father in an arbitration for obvious conflict reasons, he and I spoke frequently over the years about arbitrator selection in international arbitrations,...
Thoughts on Arbitrator Selection: Why My Father Was (Usually) A ...
Author: Peter J. Pettibone* Published: August 2014 Description: Commercial contracts between Russian and Western parties often contain clauses that provide for arbitration as the parties’ choice for resolving disputes. Generally,...