...that determination.[10] According to this view, what the umbrella clause governs is the performance or observance of the obligation or commitment once the content is determined by a local court.[11]...
Search Results for : %Court Decisions"
Author: Aurelia Grigera* Jurisdictions: International Argentina Topics: Defenses Investment Disputes ICSID WTO INTRODUCTION Many times in history, governments of different states have been forced to make decisions to protect their...
Necessity in Investment Arbitration: Boosting the ICSID System’s Legitimacy
...forecloses a court from applying its domestic measures for validity of awards by substituting, instead, a limited menu of reasons why a court presented with a foreign arbitral award may...
Circumvention of New York Convention Requirements Through Application of Domestic ...
...lower courts and in the High Court. However, the High Court sent the case back to the lower court to reformulate the declarations to be given so as to limit...
Confidentiality in Arbitration* – Vol. 6 No. 1
...Swedish courts have prompted comprehensive consideration of the subject. That consideration is attempted here. On March 30, 1999, the Svea Court of Appeal in Sweden, rendered a most important decision....
Breach of Confidentiality as a Ground for Avoidance of the ...
...Southland and restore to state courts freedom from the FAA on federalist grounds. In an era where some have heralded the return of a Supreme Court that strongly supports states’...
From Hostility to Harmony: Buckeye Marks a Milestone in the Acceptance of ...
...court decisions in New York, which has created some uncertainty in this area, particularly as regards foreign arbitral awards. The uncertainty concerns the availability of lack of jurisdiction of the...
Lack of Jurisdiction and Forum Non Conveniens as Defenses to ...
...made by the civil Court of First Instance located at the seat of arbitration. (3) A time limit of 90 days of the request for arbitration is set for the...
Unpacking the New Greek Law on International Commercial Arbitration
Author: Julian Ranetunge** Published: September 2019 Jurisdiction: International Topics: Court Decisions Anti-Suit Injunctions Judicial Assistance in Procedural Matters Jurisdiction and Powers of the Courts in Matters of Arbitration Generally Description:...
Brussels in a Bind: West Tankers, Gazprom, and Damages for ...
Author: Erik Mårild** Published: August 2013 Description I. INTRODUCTION With the judgment T 6238-10, dated February 24, 2012, by the Svea Court of Appeal, the appellate court in Stockholm upheld...
Oral Presentation of Evidence and the Application of the Parol ...
...is one of the few court decisions concerning the implementation of the ICSID Convention. Although ICSID has been functional since 1966, few cases have arisen to test the enforcement system...
Recognition and Enforcement of ICSID Awards: The Decision of the ...
Author: Hans Smit** Published: October 2003 Topics: Court Decisions Contractual Expansion or Limitation of Judicial Review Review on the Merits Enforcement of Arbitral Awards Enforceability Description: Arbitral mistakes continue to...