...direct or indirect measures.[1] Over the years, there has been a profound economic and environmental impact on the approach of states with respect to BITs due to these externalities, the...
...the traditional understanding of intra-EU BITs as conventional bilateral treaties that confer mere privileges to investors which are terminable by the States at will and without consequences to the States....
...a “foreign award” as an arbitral award resulting from a dispute involving parties to contractual[1] or any other kind of dispute considered commercial in India.[2] The Act further states that...
...need to do to give you a judgment or award on good faith?” Some obligations to examine include: (1) An obligation of cooperation amongst the contracting parties; (2) An obligation...
Author: Athina Fouchard Papaefstratiou* Published: December 2020 Jurisdiction: France Topics: Parties Equality of Parties Interpretation of the Award Arbitral Adjudication Description: From Plato to Locke and Frege, philosophers and linguists...
Authors: Himanshu Raghuwanshi* and Krishnanunni U** Jurisdiction: United States Topics: Designation of Arbitrators Arbitrators and Arbitral Tribunals INTRODUCTION Recently, in Trout v. Organización Mundial de Boxeo Inc., the U.S. Court...
Author: Esther Loh* Jurisdictions: New York United States Topics: Procedure and Grounds for Setting Aside Jurisdiction and Powers of the Courts in Matters of Arbitration Generally In September 2019, the...
...are still relatively rare, as parties who have agreed to submit to arbitration will presumably engage with proceedings. However, political and other factors may disincline parties from cooperating, particularly where...
Author: Julio César Rivera Jr.* Published: September 2019 Jurisdictions: United States Argentina Topics: Arbitral Awards Enforcement of Arbitral Awards Enforceability Grounds for Refusal of Enforcement UNCITRAL Model Law Commercial Disputes...
Author: M. Logan Wright* Published: November 2017 Jurisdictions: International United States Topics: Authority of the Arbitral Tribunal Right to Decide on Jurisdiction Arbitrators and Arbitral Tribunals Code of Ethics for...
Author: Tyler B. Robinson* Published: December 2011 Description: I. INTRODUCTION Section 1782 of Title 28 of the United States Code affords federal district courts in the United States discretion to...
...will be explored from three different perspectives: first, if the Centre only represented States; second, if the Centre represented States and small and medium-sized enterprises (SMEs); and third, the standard...
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