...use and sale of patented products by third parties to serve a larger public interest. Several countries have provisions of compulsory licensing in their national patents law. In India, sections...
Search Results for : %States as Parties"
...Kompetenz-Kompetenz, which largely eliminates the possibility of court intervention once the arbitral proceedings commence. Unless touching upon the eligibility of arbitrators, parties are typically not permitted to raise judicial challenges...
Subject Bias – The Blurring Lines Between Practitioners and Arbitrators
...of enforcement of judgements ordering Russia to compensate the war-related damages are still uncertain. Sovereign immunity, which protects states from such claims, as well as the attachment and seizure of...
How Can Ukrainian Judgments Recovering War-Related Damages From Russia Be ...
Authors: Mauricio Gomm-Santos* and Quinn Smith** Published: January 2009 Jurisdiction: United States Topics: Court Decisions Review on the Merits Description: “Even when laws have been written down, they ought not...
On Dangerous Footing: The Non-Statutory Standards for Reviewing an Arbitral ...
...autonomy entails not only the parties’ freedom to choose arbitration, it also grants the parties the sovereignty (and charges them with the responsibility) to organize the proceedings in the way...
A New Arbitration Law for Belgium: UNCITRAL Enters the Scene ...
...in arbitration, still less the practices familiar to one or more counsel representing the parties. However, there remains the need to ensure that the parties have had a full and...
Documentary Discovery and International Commercial Arbitration – Vol. 17 No. ...
Author: Mark Beckett** Published: December 2008 Jurisdictions: United States Topics: Public Policy Favoring Arbitration Enforcement of Arbitral Awards Enforceability Description: Arbitration practitioners and users appeared to be divided on the...
Beyond Agnosticism: The Policy Justifications for the Supreme Court’s Decision ...
...Mexican States, Waste Management, Inc. v. United Mexican States and Methanex v. United States were all decided in view of arbitral precedent by referring to cases with similar facts and...
The Viability of Precedents in Arbitration
...is governed by the Convention on the Settlement of Investment Disputes Between States and Nationals of Other States (“ICSID Convention”) and the Convention on the Recognition and Enforcement of Foreign...
State Immunity From Execution in the Collection of Awards Rendered ...
...the Federal Arbitration Act are exclusive and therefore cannot be expanded by agreement of the parties. However, the Court did not address whether the parties may limit or waive those...
Modification By Agreement of the Statutory Grounds to Set Aside ...
...“there is still no real consensus” on “just when the New York Convention is supposed to be applied by American courts.” It is now 40 years since the United States...
The Case for a Coherent Application of Chapter 2 of ...
Author: Jeremy R. Stewart* Published: December 2019 Jurisdictions: International Turkmenistan Mexico Canada United States Europe Japan Topics: Investment Disputes States as Parties WTO Description: I. INTRODUCTION Many countries are in...