...once seen as a substantial innovation for cross-border investment protection. It established investor-state dispute settlement (ISDS), a form of arbitration in which a private investor can bring a claim directly...
Search Results for : Cross-Examination
...under NAFTA; one Chapter 20 panel (Cross-Border Trucking Services), one non-NAFTA panel conducted under NAFTA Chapter 20 procedural rules (Softwood Lumber), and presently on a Chapter 11 tribunal conducted by...
Government to Government Dispute Resolution under NAFTA’s Chapter 20: A ...
...to be employed, there are clearly codified boundaries that a court cannot cross. Even if a court has a different view of public policy, such a view must remain embedded...
The Indian Supreme Court’s Judgment in NAFED v. Alimenta S.A.: ...
...parties seek certainty and predictability in the resolution of cross-border commercial disputes. The legal risk associated with doing business on a multinational level must be kept to a minimum. When...
Achieving the Harmonization of Transnational Civil Procedure: Will the ALI/UNIDROIT ...
...the rise of cross-border disputes between Indian and foreign entities being resolved through arbitrations conducted at neutral foreign venues. In a bid to promote the resolution of disputes through arbitration,...
To Do or Not To Do: The Financial Disclosure of ...
...is a seemingly great match with new technologies such as cryptocurrencies or other “decentralized digital assets,” in terms of “neutrality, cross border enforceability and the flexibility to tailor specific arbitration...
The Use of New Technologies in International Arbitration
...cross-border nature of the initiative is sure to increase the complexity and duration of these proceeding, as decisionmakers will have to weigh a diverse set of laws from multiple jurisdictions...
Forum Shopping: The One Belt One Road Initiative
...demands of nascent private enterprise and international trade. Former Soviet republics had become independent foreign states; new treaties had to be signed, and new means of resolving cross‑border commercial disputes...
A Survey of Recent Legislation Concerning the Russian Arbitration Court ...
...and victims than the multiplicity of potential domestic judicial procedures. Additionally, cross-border arbitration is already a well-known phenomenon. 2. The adaptability of arbitration increases its accessibility Arbitration also opens the...
TagTime with Dr. Yas Banifatemi – Arbitration as a means ...
...it is linked to a system of appeal.” Thus, it is submitted that, in order to ensure the further development of the international dispute resolution system for cross-border investment, its...
Developing the Investment Dispute Resolution System: The Case for Open ...
...on her experiences to members of the arbitration bar. The Review is honored to publish these reflections, which strikingly illustrate the benefits of thoughtful cross-fertilization between litigation and arbitration. My...
Junctures: In Life and In Law – Vol. 20 No. ...
...by the desire to minimize costs and delays in the resolution of a dispute. More importantly, arbitration is a neutral system particularly suitable for crossborder and cross-cultural disputes. However, the...