...INTRODUCTION Condemning ex aequo et bono decisions . . . discourages adjudicators—and the parties who empower them–from pursuing the fair resolution of disputes when it is most needed: when the...
Search Results for : %Court Decisions"
...available jurisprudence (three decisions and various requests for consultation, plus a non-NAFTA proceeding utilizing the NAFTA procedural rules) in the seven years since NAFTA entered into force. The five decisions...
Government to Government Dispute Resolution under NAFTA’s Chapter 20: A ...
...States conclude investment treaties to attract investments, especially large-scale ones. Thus, the very purpose behind investment treaties is to bring investors to certain investment decisions through the treaties’ protections as...
Treaty Terminating the Intra-EU BITs: a Game-Changer or … Not?
...D. Neumann Current Developments The Nigerian Arbitration and Conciliation Decree, 1988 Edward Atanda Arbitral & Judicial Decisions Fiat S.p.A. v. The Ministry of Finance and Planning of the Republic of...
Volume 1: Issue 3 (October 1990)
...for reaching “correct” decisions (i.e., decisions that command a majority) but receiving modest amounts of pay, but “punished’ for failing to reach the correct decision by failing to receive pay....
Columbia Arbitration Day 2020
...subject arbitral decisions to judicial review. “Arbitration,” a lawyer is often heard to say, “is good—until I lose. When that happens, I don’t think twice about going to court.” It...
Arbitration: A Flourishing Legal Institute
Articles “Legal Traditions” and International Commercial Arbitration Leon E. Trakman A New World of Discovery: The Ramifications of Two Recent Federal Courts’ Decisions Granting Judicial Assistance to Arbitral Tribunals Pursuant...
Volume 17: Issue 1 (October 2007)
...rendered upon conclusion of an ad hoc arbitration proceeding that could take 1-2 years or a court proceeding that could take 2-3 years? If they have not chosen institutional arbitration...
If You Build It, They Will Come: The Story of ...
...of federal courts in enforcing international arbitral awards. The issue in Baxter was whether a federal court should enforce the terms of an arbitral award which potentially mandates the parties...
Judicial Deference to the Authority of Arbitrators to Interpret and ...
Author: Brooks W. Daly* Published: December, 2019 Jurisdiction: International Topics: Investment Disputes Description: I. THE PERMANENT COURT OF ARBITRATION AND INVESTOR-STATE DISPUTE SETTLEMENT The Permanent Court of Arbitration (“PCA”) is...
Balancing Private Equity Rights and Public Order in Investor-State Arbitration: ...
...mining is banned. Although the Colombia Constitutional Court declared Law 1382 unconstitutional, in 2011, Law 1450 reenacted Law 1382’s mining ban. In 2015, Colombia passed Law 1753 to establish exceptions...
Implications of Conflicting Governmental Priorities and Treaty Language in Eco ...
...discussions on this subject, it first must be mentioned that, as in the United States, it took time before the courts in European countries even accepted that arbitral tribunals could...