...in one EU Member State that prevent a party from going before the courts of another Member State are not permissible under Brussels Regulation 44/2001/EC (“2001 Brussels Regulation”), even when...
Search Results for : Limits to Party Autonomy
...proof onto the party seeking enforcement to demonstrate the impartiality of the arbitrators. Second, the Court emphasized that the lower courts had failed to adequately consider the difficulties the Russian...
Impartiality or Nationalism? Unpacking the Russian Supreme Court’s Ruling and ...
...designate an arbitrator on the party’s behalf. The canvassing of the parties’ positions on consolidation and/or suspension, the question of whether the Chairman of the Arbitral Tribunal in each case...
Fast-Track Arbitration: An ICC Counsel’s Perspective – Vol. 2 No. ...
...on whether the arbitral award can be enforced against the losing party, Therefore, it is of the utmost importance that effective enforcement measures be made available to the winning party....
Recognition and Enforcement of ICSID Awards: The Decision of the ...
...agreement. Thus, English law was applicable to the arbitration agreement and was used to determine whether KFG had become a party to the arbitration agreement. On the other hand, the...
What Should Be the Applicable Law to Arbitration Agreements?
...Party in accordance with the national laws of the Contracting Party in whose territory the investment is made and in particular, though not exclusively, includes: intellectual property rights, in accordance...
The Connection Between a COVID-19 Vaccine, Compulsory Licensing and Potential ...
...international cases must be neutral and independent. Some provide specifically that arbitrators must carry out their responsibilities in accordance with the applicable rules. Those requirements also apply to party-appointed arbitrators....
Delinquent Arbitrators and Arbitration Counsel – Vol. 20 No. 1
...not confer advantages to either party. It has become apparent that a supranational code of ethics in international arbitration is needed. As of this publication, there are currently no international...
Order to Plurality: Imposing a Hierarchy for Ethics Rules in ...
...South Africa.1 The outcome of arbitration proceedings often consists of an award being rendered outside of Brazil against a Brazilian party. In these cases, if the award is to become...
Recognition of Foreign Arbitral Awards in Brazil – Vol. 24 ...
...in its territory of an investment of an investor. If either Party considers that the other Party has offered such an encouragement, it may request consultations.”[9] Therefore, it is evident...
Bridging the Gap Between Investment Arbitrations and Environmental Concerns: Can ...
...(Sep. 7, 2013), https://www.nytimes.com/2013/09/08/world/asia/china-looks-west-as-it-strengthens-regional-ties.html?module=inline/; Huileng Tan, China wrote Belt and Road Initiative into the party constitution. That makes it riskier than ever, CNBC (Oct. 31, 2017), https://www.cnbc.com/2017/10/31/china-wrote-belt-and-road-initiative-into-the-party-constitution.html [4] Supra note...
Forum Shopping: The One Belt One Road Initiative
...valuation, arguing that it better reflects the reality of the financial scenario in which the injured party would have been, had the expropriation not occurred. The use of hindsight does...