...global recognition and enforcement, making arbitration more efficient than litigation, where court judgments may not be as widely upheld. Additionally, arbitration offers confidentiality and is considered faster and more cost-effective...
Search Results for : %Court Decisions"
...Swedish Supreme Court. Its decisions have been commented on in the Stockholm Arbitration Report. This Comment is limited to discussion of the question formulated in its first sentence. It was...
When is a Government Bound by a Contract, Including an ...
...of the Court, under the powers conferred on him to act in urgent matters pursuant to article 1.3 of the ICC Rules, made the decisions necessary for setting the arbitrations...
Fast-Track Arbitration: An ICC Counsel’s Perspective – Vol. 2 No. ...
...leniency program. In Fraport AG Frankfurt Airport Services Worldwide v. Republic of the Philippines, the tribunal stated that because decisions on corruption allegations impact the investor’s ability to claim treaty-based...
Leniency Agreements and the Standard of Proof in Investor-State Arbitration: ...
...V(2)(b) of the New York Convention for violating American “public policy.” The Court of Appeals’ decision suggests that parties may bring United States statutory claims in United States courts even...
The Prospective Waiver of a Statutory Claim Invalidates an Arbitration ...
...studies that showed that Hungary had been “exaggeratedly pessimistic” about the situation.[12] The International Court of Justice (“I.C.J.”) was confronted with, in their words, “an impressive amount of scientific material”...
The Challenge of Scientific Uncertainty in Future Investment Disputes Related ...
...the parties.[19] Courts around the world have addressed due process concerns in virtual arbitration proceedings. Illustratively, the Australian Supreme Court recently rejected objections related to time zone differences and witness...
Technology and Arbitration: The Age of Confidentiality Concerns and Due ...
...such decisions. A particularly potent issue for observers in the international arbitration community is who should have the right to resolve disputes related to these infrastructure projects. Especially when dealing...
Forum Shopping: The One Belt One Road Initiative
...are especially active in the sphere of global money markets, and thus try to attract foreign capital to their national economies. This paper highlights significant recent appellate decisions addressing international...
Recent Developments in Enforcement of Arbitral Awards Against an Instrumentality ...
...of resulting awards is their frequent reliance on the decisions of earlier tribunals to identify rules of international law applicable to foreign investment disputes. This practice has spawned an extensive...
The Use of Precedents in Investment Treaty Arbitration Awards – ...
...on Third-Party Funding (“TPF”) practice in the United States, this study surveys court decisions that relate to a TPF paradigm that assumes an entry onto the scene by a party...
Third-Party Funding in the United States: A Systematic Judicial Analysis ...
...reveals that the first international courts to express this reluctance in an international dispute were the Permanent Court of International Justice (the “PCIJ”) and the International Court of Justice (the...