...parties have made an agreement referred to in section 44, shall, at the request of one of the parties or any person claiming through or under him, refer the parties...
Search Results for : %States as Parties"
...documents the parties’ agreement as to the content of written submissions” and continued to state that any claim made by the parties would have to be accompanied by written witness...
Lessons from the Past: Avoiding the Frankfurt Surprise in the ...
...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...
Is it appropriate to conduct a remote hearing under the ...
...of sanctions, the regimes applicable in the parties’ states, and the seat of arbitration. Strict compliance with all measures would ensure that there is no breach in the rendering of...
Imposition of Economic Sanctions: An Embargo on International Commercial Arbitration?
...across its member states and attaining recognition from the international community. The CCJA has developed rules which fit the interests of its member states and which also represent the harmonized...
TagTime with Yemi Candide-Johnson SAN – Intra-Africa trade and the ...
...provisions regarding the scope of the state’s regulatory power. For instance, the Switzerland-Mexico BIT states: “The Parties recognize that it is inappropriate to encourage investment by relaxing domestic health, safety...
Bridging the Gap Between Investment Arbitrations and Environmental Concerns: Can ...
...(“sanctioned party/parties”), unless there is no dispute resolution clause to the contrary. If a dispute resolution clause exists, the Amendment allows parties to plead that the dispute resolution clause is...
Arbitration or Sanctions: Who Survives the Battlefield?
...writing the consent of the parties to entrust the ICSID with the administration of their case. In investment arbitrations, parties’ consent is not usually recorded in the same document; rather,...
A Potentially Vast Procedural Framework for ICSID Arbitration Provisions Silent ...
...all reasons upon which it is based, unless the parties have agreed that no reasons are to be stated therein.” Hence, the parties can include a waiver of reasons requirement...
Reasoned Arbitral Awards: An Iranian Perspective
...European Treaties to preclude “a provision in an international agreement concluded between Member States under which an investor from one of those Member States may […] bring proceedings against the...
Lights Out for the Energy Charter Treaty? The ECJ’s Next ...
...is available to the tribunal and the parties. This gives parties a certain security as they know that the tribunal’s discretion will draw upon existing doctrine or precedent. The downside...