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Authors: Subhash Bhutoria,* Sima Ghaffari** & Amin Motamedi*** Jurisdiction: International Topics: Specialized Arbitration International Institutions and Rules Institutional and Administered Arbitration INTRODUCTION Disputes, in the present times, have become **com**plex...

Art Disputes and the Court of Arbitration for Art: Evolution ...

January 21, 2021 in Blog by clairesheridan

...for damages caused to individuals has been considered by the International Court of Justice (“ICJ”) in the Jurisdictional Immunities of the State (Germany v Italy: Greece intervening) case. In this...

How Can Ukrainian Judgments Recovering War-Related Damages From Russia Be ...

January 27, 2023 in Blog by ARIA

...(Apr. 29, 2004), https:/**/www**.italaw.com/sites/default/files/case-documents/ita0863.pdf. [13] Phoenix Action v. Czech Republic, ICSID Case No. ARB/06/5, Award (Apr. 15, 2009), https:/**/www**.italaw.com/sites/default/files/case-documents/ita0668.pdf. [14] Philip Morris Asia v. **Com**monwealth of Austl., Case No. 2012-12,...

TagTime with Alvin Yeo SC – Indirect Investments in Investor-State ...

March 1, 2021 in Blog / TagTime by clairesheridan

...Reasoned Awards in International **Com**mercial Arbitration: Reasoned Awards in International **Com**mercial Arbitration: Embracing and Exceeding the **Com**mon Law-Civil Law Dichotomy, 37 Mich. J. Int’l L. 1 (2015). [8] S.I. Strong,...

Reasoned Arbitral Awards: An Iranian Perspective

May 25, 2022 in Blog by ARIA

...involved in forty-nine international **com**mercial cases submitted to ICC arbitration from its inception until the Second World War began in 1939.[40] Thus it is said that the ICC Court of...

The Popular Meaning of “Foreign or International Tribunal” in ...

March 17, 2022 in Blog by ARIA

...the scope of an investment treaty. Consequently, this has resulted in tribunals increasingly adjudicating upon “investment disputes” in which private business interests collide with public interest regulations, including actions aimed...

Bridging the Gap Between Investment Arbitrations and Environmental Concerns: Can ...

March 26, 2019 in Blog by ARIA

...century. Yet for a matter of such importance, it is striking that after all this time there is still no real consensus on the issue. In fact, with respect to...

The New York Convention in American Courts – Vol. 7 ...

July 29, 2020 by Claire Sheridan

...of the tele- and video-conference tools, (ii) difficulties in presenting documents and evidence to witnesses, (iii) hardship for interpretation (especially for simultaneous interpretation), and (iv) failure in supervising witness sequestration.[15]...

Is it appropriate to conduct a remote hearing under the ...

January 7, 2021 in Blog by clairesheridan

...mode of dispute resolution is enjoying increasing global acceptance.[28] In its 2019 Report on Climate Change and ADR, the International Chamber of **Com**merce (“ICC”) recognized the increasing capabilities of arbitral...

What Role Does Dispute Resolution Have in Tackling Climate Change?

September 28, 2023 in Blog by Yue-Zhen Li

...https://uncitral.un.org/sites/uncitral.un.org/files/media-documents/uncitral/en/arb-notes-2016-e.pdf. [7] UNIDROIT Principles of International **Com**mercial Contracts, art. 1.4 (2016), https:/**/www**.unidroit.org/instruments/commercial-contracts/unidroit-principles-2016; David Oser, The UNIDROIT Principles of International **Com**mercial Contracts: A Governing Law? 7, 10 (2008). [8] ICC Rules...

The Role of Blocking Regulations in International Arbitration: A Ground ...

August 18, 2020 in Blog by Claire Sheridan

...Indeed Come From Nothing? (Vol. 13(1-4) December 2003) Vincenzo Vigoriti, International Arbitration in Italy (Vol. 1(1) March 1990) Anti-Suit Injunctions Rodolfo Donatelli, A Multi-Factor Test for Anti-suit Injunctions in ICSID...

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May 10, 2021 by clairesheridan

...if a party is not 100% successful in its claims and when the respondent is partly successful in its defenses. In cost shifting, tribunals take into consideration the behavior and...

TagTime with Funke Adekoya SAN – Damages and Costs: Can ...

April 19, 2021 in Blog / TagTime by clairesheridan