...the question of the extent to which states are preempted from enacting laws covering the area of international commercial arbitration remains unanswered, this uncertainty has not deterred states from enacting...
Search Results for : %States as Parties"
...the court; if any person so summoned to testify shall refuse or neglect to obey said summons, upon petition the United States district court for the district in which such...
Nationwide Arbitration Subpoenas Under the United States Arbitration Act – ...
Author: Osamu Inoue** Published: February 2000 Jurisdiction: United States Topics: Enforceability of Arbitration Agreements Basic Standards of Due Process New York Convention Description: Under Article V(1)(b) of the Convention on...
The Due Process Defense to Recognition and Enforcement of Foreign ...
Author: Damon Vis-Dunbar Published: December 2020 Jurisdiction: International Topics: ICSID Arbitral Awards Confidentiality and Publication Arbitral Process Consolidation of Proceedings Electronic Documents Parties Third Parties in Arbitral Proceedings Costs and...
ICSID Under the New Rules: A Conversation with Meg Kinnear, ...
Author: Daniel J. Rothstein* Published: April 2009 Jurisdiction: United States Topics: Discovery Evidence Description: I. INTRODUCTION Since at least 1989, courts and commentators have debated whether 28 U.S.C. § 1782,...
A Proposal to Clarify U.S. Law on Judicial Assistance in ...
...raised by State parties, who argue that the alleged corruption associated with investments constitutes gross violations of international public policy.[3] Classic cases illustrating this dynamic include Inceysa Vallisoletana S.L. v....
Leniency Agreements and the Standard of Proof in Investor-State Arbitration: ...
Author: Jean Lambert Jurisdiction: United States Canada Mexico Topics: USMCA NAFTA Investment Disputes Last month, the US, Canada, and Mexico announced the terms of the “new NAFTA’, the USMCA; a...
US-MCA Differences between Arbitration Agreements with Canada, Mexico, and the ...
...evidence by agreeing to arbitrate a claim. They also recognize that the current arbitration practice on the taking of evidence in international arbitration can be unfavorable to Anglo-American parties where...
Disclosure Requests in International Commercial Arbitration: Finding a Balance Not ...
...in ICSID, ICC and other fora as well as related litigation in U.S. Courts for foreign states, foreign state-owned companies, and foreign corporate entities. She is an arbitrator on the...
Our Boards
...diminished. Governments, businesses and people are fair game generally and for the media in particular. So too international arbitration; there are those who consider the issues, the parties and other...
Keynote Address: Transparency in International Arbitration: Practical Value or Voyeurism? ...
...from a state’s inaction.[17] Furthermore, unless otherwise provided by treaty, the host state’s failure to protect other investors is irrelevant.[18]Therefore, a non-discrimination argument lacks merits when it merely asserts that...
Potential Arbitration Proceedings for Investor-State Disputes Arising in the Aftermath ...
...States Claims Tribunal; law clerk to the Honorable Gilbert S. Merritt, United States Court of Appeals for the Sixth Circuit; J.D., Yale Law School (1986); M.B.A., Florida Atlantic University (1984);...