...essential to also understand that when states on fair, reasonable grounds and with due diligence of the law expropriate due to environmental concerns in public interest, the quantum of compensation...
Search Results for : %Grounds for Refusal of Enforcement"
...elevated merely based on deference or comity. On similar grounds, the tribunal in Libananco v. Turkey adhered to the preponderance of evidence standard, asserting that while fraud is a serious...
Leniency Agreements and the Standard of Proof in Investor-State Arbitration: ...
...found in article 52 of the ICSID Convention that sets out the grounds for annulment. […] Since 2000, investment arbitration tribunals have construed the FET standard broadly compared to other...
Fair and Equitable Treatment as Boilerplate – Vol. 30 No. ...
...Rules and Guidelines: A Comparative Analysis Peter J.W. Sherwin and Douglas C. Rennie Two to Tango: Domestic Grounds for Vacatur Under the New York Convention Harout Jack Samra The Unilateral...
Volume 20: Issue 3 (October 2010)
...practitioners in the current marketplace. He also highlighted the importance of law firms as training grounds for the professionals of the arbitration community. Yasmine Lahlou, on her part, acknowledged the...
Columbia Arbitration Day 2020
...but Rolls-Royce moved to quash them on the grounds that a private foreign arbitration proceeding does not count as a “foreign or international tribunal” under §1782(a).[7] The Seventh Circuit ruled...
The Significance of Servotronics in Determining Discovery Procedures in Private ...
...inadequate scope of coverage. By invoking any one of these grounds, parties sought to eliminate the arbitral tribunal’s authority to rule on submitted matters. Party consent is … Download Full...
Shattering the Barrier of Inarbitrability – Vol. 22 No. 4
...at the same time an increasing number of users of arbitration are expressing dissatisfaction on various grounds. On occasion dissatisfaction is due to the fact that a party, which was...
Is Arbitration Losing Ground?* – Vol. 14 No. 3
...remains unresolved, as does the problem of enforcing coercive measures issued by the arbitral tribunal; the definition of the grounds for nullifying an arbitral award; the admissibility of a rescissory...
Arbitration: A Flourishing Legal Institute
...further argued that the retired chief engineer was not disqualified under any of the grounds mentioned within the fifth schedule. Therefore, there should be no bar for him acting as...
Single-Party Arbitrator Nomination as a Ground of Annulment in India
...defer or dismiss litigation of a Convention case on the grounds that it constitutes an “inconvenient” forum? A decade ago a federal district court in Monde Re, “relying on the...
The Errors of Comity: Forum Non Conveniens Returns to the Second ...
...Release states that the applications are blocked by the Government on grounds of public order and public interest. Therefore, India may argue that the measures under the Press Release are...