...Report of UNCITRAL’s 18th Session (June 1985), UN Doc A/40/17, No. 163. [7] Id. See also Lawrence Boo, Ruling on Arbitral Jurisdiction – Is that an Award?, 3 Asian International...
Search Results for : Central Asia
...IN ASIA AND EUROPE Lei Chen and Ronán Feehily THE INOPERABILITY OF INVESTMENT TREATIES WITHIN EUROPE: CJEU JURISPRUDENCE AND ITS IMPACT ON INVESTMENT ARBITRATION Can Eken INTERNATIONAL ARBITRATION’S PARADOXICAL STRENGTHS...
Volume 36: Issue 3 (July 2026)
...arbitrate the dispute at issue. But is such an agreement sufficient for the arbitration to proceed as class arbitration? The central issue of class arbitration is whether the parties need...
Class Arbitration – When a Silent Arbitration Clause May Still ...
...an arbitrator’s independence or impartiality, the central inquiry under most standards would be how a reasonable person would perceive the arbitrator’s conduct. This piece however, is limited to exploring the...
Regulating Arbitrator Conduct: Interplay between Independence, Impartiality and Disclosure
...However, the central government can grant it earlier in cases of national emergency, extreme urgency or cases of public non-commercial use.[8] Compulsory licensing in India was granted for the first...
The Connection Between a COVID-19 Vaccine, Compulsory Licensing and Potential ...
...increasing complexity of cases. As arbitration is based by nature on a contractual agreement between parties, there is no single or even central international arbitration forum. Therefore, the rules governing...
Interim Measures in International Commercial Arbitration under the ICC, AAA, ...
...a central place in the analysis.[2] Yet sanctions expose an important limitation in that approach. Asset freezes remain temporary as a matter of law because they are subject to periodic...
How Long Is Too Long? Reviewability and Indirect Expropriation in ...
...followed elsewhere, would pose a serious threat to the use of arbitration in the United States. These decisions frustrate the central purposes of arbitration agreements and violate both the Federal...
Arbitration and the Rule of Law: Lessons from Limitations Period ...
...judicial rewriting, constraining party autonomy in the name of pro-arbitration zeal. This tension—between salvaging defective clauses and respecting contractual limits—illustrates the central paradox of Indian arbitration: liberalism without discipline can...
India’s Pathological Arbitration Clauses: Time for a Doctrinal Cure
...where there was no common agreement on the law of State succession, especially with respect to the changes in Central and Eastern Europe, where we saw the dissolution of the...
State Succession and BITs: Challenges for Investment Arbitration – Vol. ...
Author: Judd L. Kessler* Published: December 2016 Jurisdictions: South America Central America Caribbean Topics: Arbitrators and Arbitral Tribunals Investment Disputes Description: Introduction Anyone with a serious interest in investment arbitration...
Investment Arbitration, Legitimacy and National Law in Latin America: An ...
...of Sciences. He is admitted to the Budapest Bar. Furthermore, he is recurrent visiting professor at the Central European University (Budapest/New York), the Riga Graduate School of Law (Latvia) and...