...its power under the arbitration agreement or the contract to require parity in discovery between the parties. Similarly, if the opposing party is not located within the United States, even...
Search Results for : %States as Parties"
...and legal interpretation, do not translate as well into the context of international law. We can take the United States as an example. In 1890, the United States Congress enacted...
Empirics-Based Umbrella Clause Interpretation
...set benchmarks in arbitration excellence. Parties engaging in SIAC arbitrations should familiarize themselves with these updates to maximize the benefits of this forward-looking framework. Parties should also consider the effects...
New Year, New Rules: Highlighting 10 Key Features of the ...
...Calcutta in Dhansar Engineering Private Limited v. Eastern Coalfields Limited, where the Hon’ble High Court refused to refer the parties to arbitration. Despite the fact that the parties entered into...
To Incorporate or Not? Arbitration Clauses in Indian Government and ...
...CAI has dedicated a chapter codifying the Parties’ commitments to promoting sustainable development in Section IV, with specific references to improving labor rights and the environment.[4] Section IV recognizes States’...
The EU-China Comprehensive Agreement on Investments – Promoting Sustainable Business ...
...by authorizing lower courts to provide parties such relief.[6] In 2015, the Arbitration Act was amended to expressly allow parties to request provisional measures from a Brazilian court either prior...
Provisional Measures in Aid of Arbitration in Brazil
...DISPUTE IS ARBITRABLE? The question of who decides whether parties should be litigating or arbitrating is a difficult one in the United States. Historically, U.S. courts have played an active...
TagTime with Dr. Julie Bédard*** – Who Decides: Courts or ...
...remove wrongfulness and liability, despite the manifest intent of the states parties of the U.S.-Argentina BIT to include an NPM provision and maintain the customary law defense of necessity, the...
Necessity in Investment Arbitration: Boosting the ICSID System’s Legitimacy
...for submissions by interested third parties.[17] Importantly, the Hague Rules highlight the need to dilute the inequality of arms and power imbalances between the parties. Consequentially, due importance has been...
Hague Rules on Business and Human Rights Arbitration: What Lies ...
...the Washington Convention on the Settlement of Investment Disputes Between States and Nationals of Other States (1965) (“ICSID Convention”) or the 2021 Arbitration Rules of the International Chamber of Commerce...
The Brazil-Nigeria Samba: From Partners in Business to Parties in ...
...mandatory on the parties. Even though the judgment required only actual compliance, the court observed that even if only “substantial compliance” is required, parties would be motivated to comply. The...
Whether Contractual Preconditions to Arbitration should be regarded as ‘Impediments’ ...
...arbitral tribunals still need to be mindful of observing the parties’ rights to be heard and treated equally in order to render an enforceable award.[11] 1. Parties’ Right To Be...