Authors: Nicolette Butler* and Shavana Haythornwaite** Published: November 2017 Jurisdictions: United States International Topics: Investment Disputes UNCITRAL Model Law Description: I. Investment Arbitration and the Issue of Human Rights: A...
Search Results for : %2Jurisdiction and Powers of the Courts in Matters of Arbitration Generally"
...Justice Stewart, in rejecting a plea that U.S. securities law gave exclusive jurisdiction to U.S. courts, wrote for a divided court that, in an international dispute, U.S. courts could not...
Mandatory Law In Arbitration – Vol. 18 No. 1-2
...heard, i.e., due process, hovers like the “Sword of Damocles” over arbitration proceedings. Notwithstanding the fact that only a minimal number of arbitral awards will later be reviewed in courts,...
The German Understanding of the Right to be Heard in ...
...25 and be applied by courts and investor/State tribunals. Finally, the fifth part provides the conclusions of the article. Download Full PDF *Colombian lawyer. Doctor of Laws. University of Ottawa....
New Approaches to the State of Necessity in Customary International ...
...In contrast, U.S. courts apply a number of principles that result in their adopting a much more deferential stance to the actions of other branches of government, taking both a...
Investor-State Contracts, Host-State “Commitments” and the Myth of Stability in ...
...responsibility for decisionmaking with respect to such questions between courts and arbitrators. Despite its role as one of the conceptual underpinnings of the law of international arbitration, the notion of...
Everything You Really Need To Know About “Separability” In Seventeen ...
...Panama has enacted laws and regulations meant to encourage arbitration as an alternative dispute resolution method. This article examines the interplay between oil and gas activities and dispute resolution mechanisms,...
Arbitration Law Developments Affecting Oil and Gas Contracts in Panama* ...
...domestic or international. Article 1492 of the CPC defines an international arbitration as one that “affects international trade.” This definition has been further articulated by the French courts as follows:...
Can the Statutory Grounds for Review of Arbitral Awards Be ...
...M. Lammers The Investment Treaty System as Judicial Review Federico Ortino The Law of the Arbitration Agreement: The English Courts Decide? Peter Ashford Arbitrator Decision-Making: Unconscious Psychological Influences and What...
Volume 24: Issue 3 (December 2013)
Author: William R. Spiegelberger* Published: October 2016 Description: I. OVERVIEW OF 2015 In 2015 the Russian courts heard 58 cases relating to the enforcement of foreign arbitral awards as compared...
Russia Report: The Enforcement of Foreign Arbitral Awards in 2015 ...
...of mandatory rules before national courts is fundamentally different from their application in arbitration in that, save for the rare situation where two foreign mandatory rules are potentially applicable before...
How Do Mandatory Rules Of Law Function In International Civil ...
...creating a federal policy favoring arbitration absolutely in almost all circumstances, and propounding an courts in the arbitral process, especially at the outset of the proceedings when questions arise about...