...2. International Scenario Article II(3) of the New York Convention mandates enforcing an international commercial arbitration agreement unless it is “null and void, inoperative or incapable of being performed.”[21] While...
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...One feature of international arbitration that makes it attractive for cross-border dispute resolution is the ease with which international arbitral awards can be enforced under the 1958 Convention on the...
Enforcement Begins When the Arbitration Clause Is Drafted* – Vol. ...
...international obligation in question excludes the possibility of invoking necessity; or the State contributed to the situation of necessity.” Int’l L. Comm’n, Draft Articles on Responsibility of States for Internationally...
The Challenge of Scientific Uncertainty in Future Investment Disputes Related ...
...applicable only “international law, constituted of the CETA itself and rules of international law, and not EU law.”[16] With that in mind, EU Member States should look at the EU...
The Unresolved EU Law Question: Reorganizing the Current Status of ...
...Zhang is an international arbitration practitioner and LL.M. graduate at Columbia Law School. With prior experience as a senior associate at a leading Chinese law firm, Qi specializes in international...
China’s Procedural Innovations in State Immunity: A Comprehensive Analysis of ...
...courts is unclear yet. SPC has in the past embraced connections with international commercial courts in other countries, such as with Dubai International Finance Center Court[11] and with Singapore International...
Recent Developments In China’s Cross-border Dispute Resolution Under the “Belt ...
...Queen Mary University of London School of International Arbitration, 2021 International Arbitration Survey: Adapting Arbitration To A Changing World (2021), https://arbitration.qmul.ac.uk/research/2021-international-arbitration-survey/ (last accessed May 6, 2023). HKIAC’s model arbitration clause...
Determining Arbitrability at the Pre-Award Stage: An Analysis of the ...
...by Bangladesh. Then again, the application and interpretive value of joint interpretative notes remains a debated question in international law, especially given the International Law Commission’s controversial observation (in its...
Bangladesh’s Regime Change – The India-Bangladesh BIT (2009) and the ...
Author: Kishan Gupta Jurisdiction: International Topics: International Institutions and Rules Powers of Arbitrators Practice and Procedure Time Limits INTRODUCTION In recent times, those involved in international commerce have been greatly...
The Perceived Tension Between Party Autonomy and Expedited Procedure Under ...
...court.[5] Moreover, because international arbitration was formed and has been dominated by the west, the standard proceeding is conducted in English. Despite the benefits that modern international arbitration offers to...
Forum Shopping: The One Belt One Road Initiative
...Chamber of Arbitration in issuing modern and up-to-date international arbitration rules will contribute to the development of Italy as a suitable seat for international arbitration proceedings. Thus, it is yet...
The Recent Amendment of Italy’s Arbitration Law and the Ongoing ...
...(2015), available at https://www.ciarb.org/media/0v4pnwao/1-interviews-for-prospective-arbitrators-2015.pdf [17] https://www.ibanet.org/document?id=Guidelines-on-Conflicts-of-Interest-in-International-Arbitration-2024 [18] Ibid. [19] Article 11(2) https://uncitral.un.org/sites/uncitral.un.org/files/media-documents/uncitral/en/2318944_coc_arbitrators_e-book_eng.pdf (Incomplete citation) [20] Rule 4.4.1 of IBA Rules, https://www.ibanet.org/document?id=Guidelines-on-Conflicts-of-Interest-in-International-Arbitration-2024. [21] https://www.iisd.org/itn/2021/11/10/the-uncitral-code-of-conduct-breakthrough-or-diversion/ – :~:text=The Code of Conduct appears,can actually...