...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...
Search Results for : %Grounds for Refusal of Enforcement"
...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...
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...
Full Protection and Security Standard: A Loophole in Diplomatic Protection ...
...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
Authors: Eduardo Palmer* and Eliana Lopez** Published: April 2004 Topics: Commercial Disputes Dispute Resolution and Litigation ADR Enforcement of Arbitral Awards Enforceability Description: I. INTRODUCTION The principle of party autonomy...
The Use of Multi-Tiered Dispute Resolution Clauses in Latin America: ...
...a contract. It also added that the position would be different if the contract became practically unfeasible because of the U.S sanctions.[17] While the enforcement of blocking regulations is still...
The Role of Blocking Regulations in International Arbitration: A Ground ...
Author: Song Kun Liew* Published: January 1993 Jurisdiction: Korea Topics: Arbitrators and Arbitral Tribunals Sole Arbitrator Commercial Disputes Arbitral Awards Dispute Resolution and Litigation ADR Enforcement of Arbitral Awards Expedited...
Recent Developments in Commercial Arbitration in the Republic of Korea: ...
...New York Convention. How to translate virtual enforcement to offline enforcement is an open question, although it is not a priority at the moment since there are enough virtual assets...
Columbia Arbitration Day 2022: Diversity in International Arbitration and Perspectives ...
...the antitrust laws by jointly “seeking to influence the passage and enforcement of laws . . . to destroy . . . truckers as competitors for the long-distance freight business.”...
A Question of Fairness: Should Noerr-Pennington Immunity Extend to Conduct ...
Author: Nishanth Kadur* Jurisdictions: Singapore United Kingdom International Topics: Applicable Law Arbitrability Anti-Suit Injunctions Introduction Subject-matter non-arbitrability has routinely hindered the enforcement of arbitration agreements in various jurisdictions. While cases...