...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...
Search Results for : %Court Decisions"
...however, has not prevented the European Court of Justice (“ECJ”) from developing several protective mechanisms to ensure that the national courts adequately account for EU law. 2. European legislation on...
Spillovers of European Consumer Law: Validity of Arbitration Agreements and ...
...each with its own court structure. The Commonwealth Government has constitutional power to legislate on matters external to Australia and on trade and commerce with other countries; federal courts deal...
Judicial Review of Awards Under Australia’s Model Uniform Law – ...
...does happen. When the United Nations Security Council imposed sanctions upon a list of suspected terrorist organizations, the European Court of Justice refused to give effect to those sanctions on...
Investment Treaty Law and International Law – Vol. 23 No. ...
Author: Alan Scott Rau* Published: August 2012 Description: I. MONDE RE AND FORUM NON CONVENIENS Precisely what is a federal court expected to do when asked to enforce a foreign...
The Errors of Comity: Forum Non Conveniens Returns to the Second ...
...25, 2008 the U.S. Supreme Court held in Hall Street Associates, L.L.C. v. Mattel, Inc. that the grounds to confirm, vacate or modify provided in §§ 10 and 11 of...
Modification By Agreement of the Statutory Grounds to Set Aside ...
...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
...are subject to a one-year limitation period. Again, if a conservatory order is sought in an American court while an arbitration is pending, the responsiveness of the court may depend...
Developing Views on What Constitutes a “Foreign Arbitration Agreement” and ...
...but only for the proceedings before the Court itself, not for the proceedings before the arbitral tribunals. This situation changed as the result of amendments to the ICC Rules and...
Confidentiality Articles 73 to 76 – Vol. 9 No. 1-4
...resolution, for individuals, investors, corporations and states that often serves as a desirable alternative to traditional court proceedings. Yet, there is growing recognition of the broader role that international arbitration...
International Arbitration as a Tool for Peace
...member of the Court of Appeal for England and Wales, 1992-2000, and Chief Justice of the DIFC Courts, Dubai, 2005-2010. Justice of Appeal, Bermuda, 2003 to date. High Court Judge...
Arbitration and the Role of Law – Vol. 21 No. ...
...it was provided for in contracts between international business enterprises, the creative efforts of the ICC International Court of Arbitration in Paris have made it a reality. If left to...