...which had specified no jurisdiction. However, Enka adopted the presumption that in the absence of such an express choice, the parties have “impliedly” chosen the seat’s jurisdiction to govern the...
Search Results for : %States as Parties"
Authors: Grant Hanessian & E. Alexandra Dosman* Published: October 2016 Description: Until relatively recently, parties to international arbitration agreements had no recourse to arbitration to preserve the status quo, conserve...
Songs of Innocence and Experience: Ten Years of Emergency Arbitration ...
...is gathered and presented to the court or arbitral tribunal. Facts are often seen as invariable and not really being in dispute. However, in practice, parties will try to interpret...
The Taking of Documentary Evidence in International Arbitration* – Vol. ...
Authors: David W. Rivkin and Eric P. Tuchmann** Published: December 2008 Jurisdiction: United States Topics: Enforcement of Arbitral Awards Enforceability FAA Description: In the Supreme Court’s recent decisions regarding the...
Protecting Both the FAA and Party Autonomy: The Hall Street ...
Author: Devanshu Sajlan* Jurisdiction: United States United Kingdom India Topics: ADR Patents Evidence The landscape of international arbitration is built upon the pillars of party autonomy and the finality...
A Case That Travels: DMRC v. DAMEPL and the Universal ...
...of Investment Disputes between States and Nationals of Other States, which came into force on October 14, 1966 (“ICSID Convention”). The “overriding consideration in creating ICSID was the belief that...
The Weaknesses of the “Rosatti Doctrine”: Ten Reasons Why ICSID’s ...
Author: Hans Smit* Published: March 1991 Jurisdiction: United States Topics: UNCITRAL AAA Description: On March 1, 1991, the new International Arbitration Rules of the American Arbitration Association (the “new Rules”...
The New International Arbitration Rules of the American Arbitration Association ...
Published: July 1997 Jurisdiction: United States Topics: Judicial Assistance in Procedural Matters Discovery Description: This above comment had already gone to press, when the United States Court of Appeals for...
Postscriptum – Vol. 8 No. 2
...law, and on the other hand an investor, subject to private law. States are often unwilling to litigate in the courts of other States, while foreign investors often fear partiality...
Recognition and Enforcement of ICSID Awards: The Decision of the ...
...(referred to herein as “NAFTA” or “Agreement”). The Agreement calls for the creation of a free trade zone encompassing the three signatory countries (collectively the “Parties” or singularly “Party”). Each...
North American Free Trade Agreement: Dispute Resolution Procedures* – Vol. ...
...Law on International Commercial Arbitration. In addition, the proposed revisions make arbitration easier for private parties by encouraging party autonomy and minimizing judicial interference. Most practitioners have received the proposed...
Chinese Ministry of Justice Proposes Amendments to its Arbitration Law
...devised. Critical to this enterprise was an effective system for resolving commercial disputes between private parties, between private parties and branches of the state, and between newly independent republics —...