...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...
Search Results for : Limits to Party Autonomy
...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...
Telling Compensable Damages Apart: Addressing Entitlement to Losses of Future ...
...the various institutional arbitration procedures that allow an arbitral tribunal, upon a timely request by a party, to correct errors in an arbitral award that are clerical, mathematical or computational...
International and Domestic Arbitration Procedure: The Need for a Rule ...
...can be divided into two stages: Recognition Stage (Secs. 47 and 48): A party seeking to enforce a foreign award has to furnish evidence of the arbitration proceedings, viz. original...
To Do or Not To Do: The Financial Disclosure of ...
...in the United States” through its long-term agreements with a consulting firm based in Virginia that led to the establishment of Devas and the party’s agreement being carried out. On...
Devas-Antrix Saga: A New Hope – Amici Curiae Brief
...Court of the term “arbitrability” in First Options has introduced significant confusion into the law of arbitration and obscured these once-clear governing rules. Whether a party is required to submit...
The Rules Governing Who Decides Jurisdictional Issues: First Options v. ...
...party did not cooperate in selecting the arbitral panel, the other had to resort to the courts to obtain specific performance of the arbitration agreement. Controversy arose over which country’s...
The Scope of the Separability of the Arbitration Agreement under ...
...party to the Agreement, they did not have knowledge of its existence when they were assigned the Trademarks, and that they were not bound by it.[9] The respondents applied for...
Which Law Applies When Determining Whether a Non-Signatory is Bound ...
...the parties, it is unlikely that contractors would agree to a choice-of-forum clause in a contract, for each party might be reluctant to accept a choice of the other party’s...
International Arbitration in Australia – Vol. 1 No. 1
...an adoption of article 34 of the UNCITRAL Model Law on International Commercial Arbitration.[11] The relevant rule states that an arbitral award may be set aside if the party making...