Authors: Tyler B. Robinson and Robert H. Smit* Published: December 2018 Jurisdictions: International United States North America Canada Europe United Kingdom Asia Hong Kong Singapore Australia New Zealand Topics: Arbitral...
Search Results for : %States as Parties"
...embody a few, open-ended norms as the relevant legal disciplines imposed on States for the benefit of foreign investors; and (c) ad hoc international arbitration, modelled along the lines of...
The Investment Treaty System as Judicial Review – Vol. 24 ...
...between both developed and less-developed countries (the Unites States, the United Mexican States and the Dominion of Canada). It contains very broad definitions of “investor” and “investment” (potentially providing for...
The Ethyl Arbitration: First of Its Kind and a Harbinger ...
...state, or by awarding the damages to the parent companies outside the host state’s territory. The next section will discuss the taxation of awards by investors’ home states (III). Within...
Tax Gross-up in Investment Treaty Arbitration: Legitimate Concern or a ...
...the ensuing effect of justifying wrongful international acts. The result is that Article 25 is a provision the availability of which to States seems very limited, even in extreme circumstances....
New Approaches to the State of Necessity in Customary International ...
Author: Matt Reeder* Published: December 2016 Jurisdiction: International Topics: Categories of Disputes Investment Disputes ICSID Description: When disputes arise between private investors and foreign states, investors often distrust foreign courts...
Estop That! Defeating a Corrupt State’s Corruption Defense to ICSID ...
Author: Hans Smit* Published: April 2004 Jurisdiction: United States Topics: Practice and Procedure Discovery Evidence Description: I. INTRODUCTION Since its revision in 1963, Section 1782 of Title 28 of the...
The Supreme Court Rules on the Proper Interpretation of Section ...
...is largely considered the primary duty and prerogative of the member states to set up national legal systems. This is referred to as the principle of procedural autonomy. This principle,...
Spillovers of European Consumer Law: Validity of Arbitration Agreements and ...
...a Lucullan banquet of proposals and commentary for improving the American statutory framework to deal with international arbitration. The situation is not yet desperate: the United States remains an adherent...
Comment on a Proposed New Statute for International Arbitration – ...
...been consistently confirmed by arbitration tribunals seated in Brazil and by the United States’ domestic courts. For example, in the class action In re Petrobras Sec. Litig.,[7] Judge Jed S....
Overview of Securities Arbitration in Brazil: Challenges and Developments
...nation-states, and individuals. It remains an important alternative to litigation of domestic business disputes in the United States and other countries and is the primary method of adjudicating international commercial...
Arbitration in Evolution: Current Practices and Perspectives of Experienced Commercial ...
...concept the award would be subject only to the will of the parties as expressed in the agreement to arbitrate and to the canons or standards for enforcement provided by...