...application of mandatory law. Investment treaty arbitrations are typically governed by international law, whether that law takes the form of treaty terms or customary international law as incorporated by the...
Search Results for : Domestic Arbitration Law
...on its face. Despite being problematic in the context of international arbitration,[3] TPF has generated predictably high levels of interest among international arbitration practitioners.[4] In addition, international arbitration is an...
Negotiating Funding Arrangements: Trick or Treat
...Managing Partner at Triage Law, a Lahore-based commercial and arbitration law firm, and the Founder & President of the Center for International Investment and Commercial Arbitration, Pakistan’s first international arbitration...
If You Build It, They Will Come: The Story of ...
...by consent; it [was] an arbitration under the Arbitration Act through BCICAC. Under these circumstances . . . [the] arbitration under the Arbitration Act through BICAC is more akin to...
A Pathway to Obtaining Discovery in the United States in ...
...arbitration clause—is not a contract enforceable in law. Therefore, the arbitration agreement cannot be acted upon even for the limited purpose of appointing an arbitrator. Until the underlying agreement is...
Setting the Clock Back: Judicial Interference in the Appointment of ...
...98–106. [12] LawCare, Life in the Law 2020/21 (Oct. 2021), https://www.lawcare.org.uk/media/14vhquzz/lawcare-lifeinthelaw-v6-final.pdf (last visited May 14, 2022). The recommendations discussed herein appear at page 8 of the Report. [13] Id. ...
Through the Looking-Glass: Wellbeing in Arbitration — Part 2
...arbitration by law. This issue requires deliberation on whether the subject matter is arbitrable or not by law. It is imperative to point out that this issue is different from...
TagTime with Dr. Julie Bédard*** – Who Decides: Courts or ...
...There is no clear consensus among courts or arbitral tribunals as to which law applies: the law of the arbitration agreement, the underlying contract, the seat of arbitration, or the...
Law Applicable to the Extension of the Arbitration Agreement to ...
...what the effect is of the Lin-gang Framework Plan on the Chinese arbitration services market and on the reforms of the arbitration law of the PRC (the “PRC Arbitration Law”)...
The Lin-Gang Framework Plan in The Shanghai Free-Trade Zone: A ...
...arbitration draws arbitration clauses into the sphere of the long-standing legal doctrine of the principle of relativity of contracts. Under this principle, arbitration clauses bind only the parties who agreed...
Relativity of Contracts and Severability of the Arbitration Clause in ...
...and Environmental Disputes in International Arbitration, Kluwer Arbitration Blog (24 July, 2018), http://arbitrationblog.kluwerarbitration.com/2018/07/24/human-rights-and-environmental-disputes-in-international-arbitration/. [2] Id. [3] Id. [4] Claus Cronstedt et al., International Arbitration of Business and Human Rights: A...
The Evolving Role of Human Rights in International Arbitration
...for Arbitration Lawyers (REAL) initiative. She called on companies, third-party funders, and law firms to increase diversity. She raised other possible methods including delegating appointment of arbitrators to arbitral institutions,...