...case law in the European Union (E.U.), the United States (U.S.), and the United Kingdom (U.K.) typically favors a favorable response, this topic continues to be litigated in India as...
Search Results for : %States as Parties"
...of party autonomy, one issue is how arbitrators are self-selected instead of being chosen by the parties. This takes away one of the advantages of arbitration of appointing, with parties’...
Blockchain Arbitration: Promises and Perils
Author: Lorenzo Martinez* Jurisdiction: International Topics: Investment Disputes Defenses In investor-state disputes arising out of measures taken by states to address the COVID-19 pandemic, the parties will have to reckon...
The Challenge of Scientific Uncertainty in Future Investment Disputes Related ...
...the host state’s right to regulate, allowing it to adopt and maintain measures furthering legitimate public policy objectives (Art. 3). Provisions affirming the host state’s right to regulate are common...
India–UAE Bilateral Investment Treaty 2024: Breaking New Ground or Following ...
...by United States courts. Nevertheless, there has been some reluctance in the international business community to designate the United States as a forum for arbitration out of concern that judicial...
Fiat S.p.A. v. The Ministry of Finance and Planning of ...
...to impose countermeasures against states that restrict Chinese entities’ immunity abroad. This provision reflects China’s strategic autonomy while aligning with international law’s emphasis on mutual respect among sovereign states. The...
China’s Procedural Innovations in State Immunity: A Comprehensive Analysis of ...
...Appellants had become parties to the arbitration agreement. Namely, since the Respondents never argued that the Appellants had, in fact, become the parties to the arbitration agreement in accordance with...
Which Law Applies When Determining Whether a Non-Signatory is Bound ...
...form (without stating the names of the parties and other information that might reveal the parties’ identities) in the Tijdschrift voor Arbitrage arbitration journal,[29] provided that the parties do not...
Art Disputes and the Court of Arbitration for Art: Evolution ...
...arbitral proceedings, the outcome of such proceedings may also face challenges by the parties, resulting in further time and financial costs. Accordingly, measures should be taken by all parties involved...
TagTime with Dr Stephan Wilske – The Phenomenon of the ...
...system for complicated cases, the tribunal can inform parties about the delay of issuing decisions under special circumstances; parties can then track delays on the ICSID website. Amendment proposals in...
TagTime with Meg Kinnear – Tracking the Evolution of the ...
...private dispute resolution was so persistent that legislative measures were required to overcome it. At present, both the United States and its constituent states have arbitration statutes that provide for...
Elements of International Arbitration in the United States – Vol. ...
Author: Xiaowen Qiu** Published: October 2000 Jurisdictions: China United States Topics: Categories of Disputes Investment Disputes Enforceability of Arbitration Agreements CIETAC Description: China’s decision to open itself to the outside...