...environmental protections. Environmental, human rights, and climate change law are not entirely new to the arbitration field as they already interact in treaties, state contracts, and private-party agreements. However, environmental,...
...(ISDS): BETWEEN PRAGMATISM AND UTOPIA III. PANEL 3 – DISPUTES WITH STATES; INTERSTATE ARBITRATION, INTERNATIONAL COURTS, AND INVESTMENT ARBITRATION IV. PANEL 4 – THIRD-PARTY FUNDING; ETHICAL AND REGULATORY ISSUES Download...
...prevailing party seeks to enforce the award in another jurisdiction, the court in which enforcement is sought (the “enforcement court”) may decline enforcement under standards set out in its national...
...to order arbitration if a party fails to honor an agreement to arbitrate. Chapter 2 of the FAA serves to implement the United Nations Convention on the Recognition and Enforcement...
...waivers in this sense remove awards to the autonomous arbitral sphere, transcending the national sphere. In the international setting, when the annulment recourse is waived, an aggrieved party can only...
...Article 5 of the Panama Convention, a party to an international arbitration may request that the execution of a decision be refused upon proof that the decision is not yet...
...as no surprise that the “extension” of arbitration agreements from a contractual party to third parties, e.g., to its affiliated companies or controlling shareholders, has become a crucial issue in...
...face of a party’s objection, even where there is a statutory basis for consolidation. Parties can reduce uncertainty if they address consolidation issues when they enter into an arbitration agreement;...
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