...of force. It is in this sense at the very least that we can speak of a hierarchical, or vertical, relationship between courts and arbitral tribunals. At the same time,...
Search Results for : %Court Decisions"
...sort of information. For example, the European Court of Human Rights noted in Hungarian Civil Liberties Union v. Hungary that the public has the right to information in the nature...
Columbia Arbitration Day 2021 — Confidentiality, Transparency, and In-Person Hearings: ...
...Effect of an Arbitral Award and Third Parties in International Arbitration: Res Judicata Revisited Stavros Brekoulakis Notes & Comments The Time is Ripe for the U.S. Supreme Court to Bury...
Volume 16: Issue 1 (December 2006)
...a foreign jurisdiction clause in the contract, identifying the courts of a particular country as having exclusive or non-exclusive jurisdiction to entertain any disputes arising from such contracts. This would...
Safeguarding Arbitral Integrity In Nigeria: Potential Conflict Between Legislative Policies ...
Author: Alexander Ojugbeli Jurisdiction: International Russia Ukraine Topics: BITs Authority of the Arbitral Tribunal In May 2018, the Permanent Court of Arbitration (PCA) issued a monumental decision holding Russia accountable...
Crimea and the Challenge of Jurisdiction
...playing an ever greater role in the Russian enforcing courts, assuming new forms in surprising places, all despite an express admonition from the Supreme Commercial Court (“SCC”) that it should...
Russia Report: The Enforcement of Foreign Arbitral Awards in 2018 ...
...the recent Achmea decision by the Court of Justice of the European Union (“CJEU”) that declared intra-EU BITs to be contrary to EU law. This means that member States now...
Mutual Termination of Sunset Clauses in Intra-EU BITs: The Search ...
...broader scope of foreign-related disputes that can be administered by foreign institutions (Part 4); and finally, there is a concern surrounding court support before and during the arbitration proceedings and...
The Lin-Gang Framework Plan in The Shanghai Free-Trade Zone: A ...
...world are either nonexistent or too new to evaluate. Meanwhile, the International Court of Justice (ICJ), the body with potentially global jurisdiction in human rights matters, “has not lived up...
International Arbitration: The Human Rights Perspective* – Vol. 4 No. ...
...for the court supervision of arbitral awards excludes the judicial review of the merits of awards. The 1985 UNCITRAL Model Law on International Commercial Arbitration, along with the 1958 New...
At the Crossroads of Legitimacy and Arbitral Autonomy – Vol. ...
...been interpreted to “essentially sanction[] the application of the forum state’s standards of due process.” Other U.S. courts have adopted this theory. Consequently, the U.S. courts generally interpret the standard...
The Due Process Defense to Recognition and Enforcement of Foreign ...
...in a court that is not within his or her home state, due to potential language and cultural barriers. Thus, settlement of an investment dispute through the national courts of...