...seen as a hindrance that holds the start of the arbitral process ransom on technical grounds. This observation has been succinctly captured by Justice Hrishikesh Roy’s dissenting opinion (Paragraph 81.5)...
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: ...
...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 ...
...certainly knows by now, the Supreme Court, in a highly anticipated decision, has held that the FAA’s “statutory grounds for prompt vacatur and modification” may not be “supplemented by contract.”...
Fear of Freedom* – Vol. 17 No. 4
...or several of the grounds contained in the Act. The second principle is to give the arbitrator (or the panel of arbitrators), in the absence of a contrary provision in...
International Arbitration in Switzerland: First Experiences with the New Act* ...
...whether parties can contractually expand the grounds on which arbitral awards may be judicially reviewed. Both the courts and the commentators had expressed conflicting views. Professor Rau had published a...
Hall Street Associates v. Mattel: A Critical Comment* – Vol. ...
...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. ...
...where arbitral tribunals identified “legitimate expectations” as legal grounds to find States responsible were Tecmed v. Mexico and Thunderbird v. Mexico.[22] Under this concept, investors can challenge States’ measures if...
Could foreign investors use BITs or FTAs to sue the ...
...on 30 November 2020, Hacon J decided to stay the claim on the following alternative grounds: first, pursuant to English law, the Appellants had become parties to the Agreement as...
Which Law Applies When Determining Whether a Non-Signatory is Bound ...
...law defense of necessity.[7] The ICSID Tribunals constituted for the investment claims brought against Argentina first tested the relationship between these two grounds of defense in investor-State arbitration.[8] Unfortunately, it...
Necessity in Investment Arbitration: Boosting the ICSID System’s Legitimacy
...control measures on various grounds: inter alia, the abuse of process, indirect expropriation, and normative stability as host-States’ obligation. The two tribunals were aware that much was at stake for...
Tobacco Control Measures and International Investment Law After Philip Morris ...
...an award challenged on the grounds that the arbitrator had, against one party’s request, conducted the arbitral proceeding without an evidentiary hearing.1 In addition, extrinsic evidence submitted had been rejected...