Author: The International Commercial Disputes Committee of the Association of the Bar of the City of New York Published: June 2006 Jurisdiction: International Topics: Enforcement of Arbitral Awards Enforceability New...
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...The International Commercial Disputes Committee of the Association of the Bar of the City of New York, Lack of Jurisdiction and Forum Non Conveniens as Defenses to the Enforcement of...
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...of police power,[3] the defenses of necessity and force majeure,[4] as well as specific treaty-based defenses.[5] Necessity in particular has been the focus of much of the analysis to date,[6]...
The Challenge of Scientific Uncertainty in Future Investment Disputes Related ...
Author: Aurelia Grigera* Jurisdictions: International Argentina Topics: Defenses Investment Disputes ICSID WTO INTRODUCTION Many times in history, governments of different states have been forced to make decisions to protect their...
Necessity in Investment Arbitration: Boosting the ICSID System’s Legitimacy
...measures taken by the Indian government, the substantive obligations owed by India to Chinese investors and the defenses available to India in the event of a breach. III. POTENTIAL CLAIMS...
India’s ban on Chinese apps: Could India face the fire ...
...authority on moving forward with remote hearings, or at least encourage the consideration of holding remote hearings.[10] POTENTIAL CHALLENGES AND DEFENSES Under the Swiss Rules, when ordering a remote hearing,...
Is it appropriate to conduct a remote hearing under the ...
...determination of issues’ (“Preliminary Determination”), as it proceeds with the express introduction of a mechanism for ‘early disposition mechanism for claims and defenses’ under Article 30 of the ICC Rules...
Preliminary Determination and Early Dismissal in Arbitration: A Distinction Without ...
...merits-based defenses to enforcement. First, Croatia argued that the ICSID award was not entitled to full faith and credit as if it were a final domestic judgment because the jurisdiction...
How Achmea Works Out in the United States: The Enforcement ...
...Research Corp v. Lufthansa Systems rejected futility defenses outright, ruling that only strict compliance confers jurisdiction.[35] This contrasts with the U.K.’s flexible approach. Practical Implications High Evidentiary Burden: Parties must...
A Comparative Analysis of the Enforcement of Multi-tier Dispute Resolution ...
...process, which also strengthens the host state’s defenses against legal challenges. As climate mitigation measures frequently involve different levels and branches of government, it is important to ensure that different...
Navigating Climate Action and ISDS Risks for South Korea
...Investment Treaty Claims in Pandemic Times: Potential Claims and Defenses, (April 8, 2020), http://arbitrationblog.kluwerarbitration.com/2020/04/08/investment-treaty-claims-in-pandemic-times-potential-claims-and-defenses/ [2] Nicholas J. Diamond, Kluwer Arbitration Blog, Pandemics, Emergency Measures, and ISDS, (April 13, 2020), http://arbitrationblog.kluwerarbitration.com/2020/04/13/pandemics-emergency-measures-and-isds/...
Police Powers as a Defence to COVID-19 Liability: Does it ...
...on the same law firms repeatedly could have certain drawbacks. It often led to the repetition of arguments and defenses, potentially compromising the competitiveness of their cases. Central Asian states,...