...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"
...will give them time-bound monopoly rights to exploit the invention and to stop others from using their vaccine without their consent. However, on public policy grounds, countries can put restrictions...
The Connection Between a COVID-19 Vaccine, Compulsory Licensing and Potential ...
...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
...critical result-determinative decisions to admit or reject defenses solely on evidentiary grounds. Considering that almost every arbitral case is decided on the basis of evidence, a careful examination of the...
Evidentiary Principles in Investor-State Arbitration – Vol. 28 No. 1
...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
...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
...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 ...
...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* ...
...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 ...
...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...
Oral Presentation of Evidence and the Application of the Parol ...
...bring an action against Spain on the very same grounds under article 258 TFEU for failing to fulfill the obligations under the EU Treaties and regulations in accordance with the...