...devised. Critical to this enterprise was an effective system for resolving commercial disputes between private parties, between private parties and branches of the state, and between newly independent republics —...
Search Results for : Parties
...Applicable Law Responsibility of the Parties Description; This paper undertakes a critical analysis of recent developments in Singapore and England on the subject of determining what law governs the substantive...
Resolving the Difficulties of Determining What Law Governs the Validity ...
...their solution suggests applying the harshest damages on the State resembling punitive damages, which are excluded in international law because a legal solution cannot benefit one of the parties (¶...
Telling Compensable Damages Apart: Addressing Entitlement to Losses of Future ...
...arbitral or Court proceedings. Insolvency proceedings cannot be initiated against an operational creditor if there is a pre-existing dispute between the parties.[11] As per the Supreme Court’s ruling in the...
To Do or Not To Do: The Financial Disclosure of ...
...agreement exists between the parties. Second, and alternatively, a party may be arguing that the particular dispute does not fall within the scope of the arbitration agreement. The distinction between...
The Rules Governing Who Decides Jurisdictional Issues: First Options v. ...
Author: Diane A. Desierto* Published: November 2017 Jurisdictions: Asia Philippines International Topics: Categories of Disputes Banking and Finance Disputes Investment Disputes Parties States as Parties International Institutions and Rules ICSID...
The Philippine BIT Program and Investor-State Disputes – Vol. 28 ...
...arbitrations in the absence of the parties’ agreement. Although not unexpected, the ruling reversed almost twenty years of jurisprudence within the Second Circuit. The court appeared to embrace the principle...
Consolidation of International Arbitrations in the United States in the ...
...processing of cases filed for arbitration by disputing parties. For as Redfern and Hunter have noted, “an established and well-organized arbitral institution can do much to ensure the smooth progress...
The Institution’s Role in Managing the Arbitration Process – Vol. ...
...disputes. By choosing an arbitral forum, parties agree not to have their disputes resolved in national courts. But in most cases national courts retain some supervisory authority over the arbitral...
Enforcing Vacated International Arbitration Awards: An Economic Approach – Vol. ...
...not unusual to encounter attorneys engaged in representing clients in international transactions and disputes involving Latin American parties who are unfamiliar with the Panama Convention and Chapter 3 of the...
The Panama Convention and its Implementation Under the Federal Arbitration ...
Author: Mahmoud Reza Firoozmand** Published: October 2007 Jurisdiction: International Topics: Commercial Disputes Dispute Resolution and Litigation International Litigation Description: Various dispute resolution mechanisms are now being used by parties in...
The Use of Qualitative Research Techniques in Studying Arbitration: A ...
...Federal Arbitration Act (“FAA”) § 10.2 Manifest disregard of the law soon became the weapon of choice for disgruntled parties to confound the federal policy favoring arbitration and erect pro...