...the Court was actually doing in paragraphs 21 to 23, the choice is defensible on grounds that are strategic without being evasive, and the distinction matters. The two authorities operate...
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 ...
...with other grounds for concern, such as repeated appointments in similar cases or past relationship with parties it may lead to a conflict. This is possibly because subject-matter bias, on...
Subject Bias – The Blurring Lines Between Practitioners and Arbitrators
...award lies in the narrower proposition that sustained interference defended on security grounds remains subject to evidentiary scrutiny and must continue to bear a substantiated relationship to the justification relied...
How Long Is Too Long? Reviewability and Indirect Expropriation in ...
...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...
Enforcing Arbitral Awards on Expropriation Under the Environmental Magnifying Glass
...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 ...
...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
...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 ...
...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
...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)
...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...