...component of any international contract involving Ukrainian parties. The procedures for recognizing and enforcing a foreign arbitral award and a foreign court judgment in Ukraine are set forth below. Download...
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...FTA, then the host state is not liable for violating the FTA and providing compensation. However, the tribunal held that if the contracting parties intended to eliminate compensatory liability, then...
Implications of Conflicting Governmental Priorities and Treaty Language in Eco ...
...directed at the arbitration provision itself. The doctrine is designed to ensure that questions relating to the validity of the underlying contract do not call into doubt the parties’ intention...
Nothing Comes Of Nothing…Or Does It??? A Critical Re-Examination of ...
Author: Jeremy R. Stewart* Published: December 2019 Jurisdictions: International Turkmenistan Mexico Canada United States Europe Japan Topics: Investment Disputes States as Parties WTO Description: I. INTRODUCTION Many countries are in...
Examining New Approaches to the Interpretation of MFN Clauses in ...
...following the passage of the Dubai Law No. 16, the DIFC courts were granted jurisdiction over any commercial matter (domestic or international) so long as all parties gave consent. This...
A Common-Law Court in an Uncommon Environment: The DIFC Judiciary ...
...arbitration business. To make arbitration more attractive to foreign parties, several countries have, in recent years, amended their arbitration laws, narrowing the grounds for challenging awards and enhancing party autonomy...
State International Arbitration Laws: Are They Needed or Desirable? – ...
...arbitration is a hybrid institution. On the one hand, its origin is contractually based on an agreement between the parties to appoint a third party to resolve any potential dispute...
The Arbitrator’s Mission and the Application of Law in International ...
...in 1843-1850, an Anglo-French coalition organized a naval intervention culminating in a blockade of the Montevideo harbor. The parties then decided to arbitrate their dispute, and in 1864, named the...
Perspectives of International Arbitration in Latin America – Vol. 17 ...
...system inhibits improvisation which can restrict developments in the relevant field, whereas deviating too much from the already-held rules might result in injustice to the parties. One can conclude that...
The Viability of Precedents in Arbitration
...the parties defined customs duty as: [A]ny customs or import duty and a charge of any kind imposed in connection with the importation of a good, including any form of...
Could foreign investors use BITs or FTAs to sue the ...
...a very large extent. Sweden has also for a long time been the forum of choice specified in arbitration clauses in transnational contracts, especially in contracts between parties from Eastern...
Rules for Expedited Arbitration Procedure* – Vol. 6 No. 3
...international trade, parties do not normally sue for specific performance; rather, they enter into a cover transaction and sue for damages”); Ewan Mckendrick & Iain Maxwell, Specific Performance in International...