...New York’s nine percent statutory prejudgment interest rate can have a substantial economic impact on the parties in an arbitration. Part I of this report sets forth an executive summary....
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...practical considerations, but arises as a matter of principle. This is so because, first, the rules governing arbitration are based on the recognition of the equal claim of all parties...
The Future of the Law Governing the International Arbitral Process: ...
...if any proportion of those fees the arbitrators would have awarded if timely requested to do so. Professor Smit and I offered written opinions for the opposing parties in the...
A Kiss for Arbitration Costs Allocation – Vol. 23 No. ...
...of the parties to litigation; Alter examines various fora and concludes that, contrary to domestic process where political branches dominate the process, international judges are less subject to appointment politics...
Arbitrating Trade Disputes (Who’s the Boss?) – Vol. 23 No. ...
...businesses or (ii) disputes between commercial parties, actions of one of which resulted in violations of human rights.[4] On August 17th, 2017, the Working Group addressed major concerns about the...
International Arbitration as a Potential Forum for Business-Related Human Rights ...
...in court because it opened the possibility of exposing it to public scrutiny.” Subsequently, Hans often complained that the parties settled the matter before his award could be upheld by...
Hans Smit — Un Grand Homme – Vol. 23 No. ...
...bring order to a very muddled area of arbitration law. Regrettably, the submissions made by the parties fail, in large measure, to seize upon that opportunity and to address these...
Manifest Disregard of the Law in the New York Court ...
...court put it, “The avoidance of the `vagaries of foreign law for international traders’ would be defeated by the allowance of multiple suits … where the parties have agreed, by...
Circumvention of New York Convention Requirements Through Application of Domestic ...
Authors: Rishab Gupta* and Shreya Jain** Published: February 2022 Jurisdictions: India Topics: ISDS ICSID Investment Disputes States as Parties Over the last decade, the global outlook towards investment treaties has...
Prabhash Ranjan, India and Bilateral Investment Treaties: Refusal, Acceptance, Backlash ...
...as Parties Intellectual Property Trademarks and Copyright Description: Philip Morris’s litigation against tobacco control measures based on alleged violations of international investment agreements was a great success for host-States. The...
Tobacco Control Measures and International Investment Law After Philip Morris ...
...foreign states and to those representing parties with adverse interest whose position in arbitration and subsequent enforcement litigation in the Unites States will be affected by recent precedents. Recent decisions...
Recent Developments in Enforcement of Arbitral Awards Against an Instrumentality ...
...and time-consuming. Arbitrators, institutions and parties have begun to look for ways to streamline arbitral proceedings. One possible solution is to build in a settlement element in the sense that...