Congratulations to our Advisory Board member, Claudia Salomon, who has been recommended for election as President of the ICC International Court of Arbitration! This is a historic achievement as there...
Search Results for : %Court Decisions"
...this approach diverges from the cautious stance taken by other international courts (p. 8), such as the European Court of Human Rights (ECtHR) in Centro Europa 7 S.R.L. and Di...
Telling Compensable Damages Apart: Addressing Entitlement to Losses of Future ...
...United States Supreme Court – a period in which a closely divided Court decided a series of important cases implicating key issues of law and policy. Legal historians and observers...
The Third Arbitration Trilogy: Stolt-Nielsen, Rent-A-Center, Concepcion and the Future of ...
...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 ...
...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
...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: ...
...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 ...
...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 ...
...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 ...
...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...
AI in International Arbitration: What Is the Big Deal?
...Appellate Board, later at High Court of Bombay and ultimately at Indian Supreme Court were all dismissed.[11] Similarly, in Germany, section 24 of German patent law and section 5(2)(5) of...