...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...
Search Results for : %States as Parties"
...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 ...
...asserting its validity all depend upon the law governed by it. Once the arbitration agreement is executed between two parties, it deploys an arbitral tribunal whose prerequisite is the formulation...
Reinforcing the Position on Governing Law of Arbitration Agreement: An ...
...to both parties. Parties also have equal power in the constitution of the arbitral tribunal: once a dispute has arisen, each party can appoint an arbitrator and the presiding arbitrator...
TagTime with Dr. Yas Banifatemi – Arbitration as a means ...
...of the key advantages of arbitration is the freedom of choice and control given to the parties, known as party autonomy. By the arbitration agreement, the parties exercise a certain...
A Case for Diversity in the Seat of Arbitration
...obligations can be applied horizontally (to private parties and not just states) despite the presence of an IIA; and (ii) Whether IHRL obligations should be applied horizontally. I will deal...
Systemic Integration: Resolving the Dichotomy of Competing Obligations in International ...
...Arbitration and Conciliation Act, 1996 allows the parties to choose the procedure to be adopted to conduct the arbitration proceedings.[23] Considering that the parties chose one set of institutional rules,...
Key Considerations in Drafting Dispute Resolution Clause in the COVID ...
...ISDS clauses in multilateral and bilateral international treaties of the Kyrgyz Republic Kyrgyzstan has ratified the Convention on the Settlement of Investment Disputes between States and Nationals of Other States...
The ISDS Clause in the Investment Law of the Kyrgyz ...
...is expected to increase. Post-M&A disputes are common given the manifold risk elements that exist after a deal has closed. While the interests between the parties may (or should) have...
How to Limit the Risk of Overlong Post-M&A Arbitrations & ...
...inter alia, situations in which the arbitrator had an interest in the case, serious enmity towards one of the parties, or specified personal or business relationships with one of the...
The Recent Amendment of Italy’s Arbitration Law and the Ongoing ...
...to over-ride any contrary agreement of the parties, as they consciously incorporate institutional rules in their arbitration agreement. This argument, however, ignores the perceived tension between the parties’ selection of...
The Perceived Tension Between Party Autonomy and Expedited Procedure Under ...
...However, states have rarely used interpretative statements in practice. India has attempted to issue interpretative statements with limited success. At the same time, in the context of NAFTA, the parties...