...default on its contractual obligations due to general economic hardship caused by the COVID-19 pandemic, parties may have a greater chance of success if the contract specifically references the effects...
...and tribunals the opportunity to embed security features into their procedural order. See also International Court of Arbitration, ICC Guidance Note on Possible Measures Aimed at Mitigating the Effects of...
...to protect foreign investments physically and legally from adverse effects of third parties as well as State organs. At times, the FPS clause has been equated with another investment protection...
...Italy, France, Spain, Germany, etc.) to problems related to the applicability of an arbitration clause, particularly in the context of multi-contract transactions. I. ARBITRATION CLAUSES AND THEIR RELATIVE EFFECTS: A...
...these clauses, and on the other hand, the far-reaching effects on state sovereignty that would result from the application of their plain terms. It is therefore not surprising that many...
...in heavy fines or even imprisonment of its directors for up to one year.[1] This post analyses the provisions, modes, and effects of disclosure of liability arising out of a...
...stated that the subject matter was arbitrable, as related to the economic effects of a contractual breach, which was within the parameters of the Arbitration Statute, provided its patrimonial character...
...the enforceability of the arbitral award. This article will analyze the effects of economic sanctions at each stage of an arbitration proceeding by referencing various case laws and provisions prevalent...
...to the seat’s civil procedure rules governing judicial proceedings. However, such rules may produce adverse effects in respect of arbitral proceedings, particularly as concerns speed, the desire to avoid the...
Articles The Role of National Courts at the Threshold of Arbitration George A. Bermann The Lesser Evil: How and Why Litigation over Arbitration Awards Should Have Preclusive Effects Michael J....
...arbitration agreement? The question’s importance should not be underestimated. The answer to this choice-of-law question can have outcome-determinative effects, because the substantive analysis can vary significantly under the laws of...
...within the framework of the World Trade Organization, which was intended to safeguard patent rights worldwide, the exploitation of patents has become increasingly international. The combined effects of the greater...
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