...and tribunals constituted pursuant to these BITs have no jurisdiction to hear investment claims. The Commission has made similar interventions in domestic enforcement proceedings around the world when parties seek...
Search Results for : Parties
...or by the parties jointly. They may seek to assure that the position of the party who appointed them is fully understood, but party-appointed arbitrators are expected to exercise independent...
Improving Life with the Party-Approinted Arbitrator: Clearer Conduct Guidelines for ...
...FPS standard “may also include an obligation to provide adequate mechanism and legal remedies for prosecuting the State organs or private parties responsible for the injury caused to the investor.”[28]...
Potential Arbitration Proceedings for Investor-State Disputes Arising in the Aftermath ...
...procedural safeguards provided to parties who, quite literally, get less than what they bargained for. Download Full PDF *Harout Jack Samra, an attorney at Squire Sanders & Dempsey, L.L.P., focuses...
Two to Tango: Domestic Grounds for Vacatur Under the New ...
Authors: Ylli Dautaj* and Maxime Chevalier** Published: February 2022 Jurisdictions: International Topics: Recognition, Enforcement, and Execution ICSID Sovereign Immunity States as Parties ABSTRACT This article analyzes the interaction and intersection...
A Liberal Push and The Sovereign Pull: Recognition, Enforcement, and ...
...adjudicating the dispute on merits,” which is antithetical to the parties’ choice to resolve their disputes through a non-judicial mechanism (¶93). Accordingly, the dissenting judgment stands for the proposition that...
Severability and Slippage: Rethinking Judicial Modification in Gayatri Balasamy
...relationships has given rise to multi-party disputes apparently incapable of satisfactory resolution under the traditional arbitral mechanism. When something “goes wrong” with a contract, there are typically several parties either...
International Approaches to Court Ordered Consolidation of Arbitral Proceedings* – ...
...Property nor received title to the Property until the Tribunal’s recent Award, some 22 years after the 1978 Decree. Although the parties presented several issues for consideration by the Tribunal,...
The Santa Elena Case: Two Steps Forward, Three Steps Back ...
...by the arbitrator by reference to the Parol Evidence Rule under New York law. The decision by the Svea Court of Appeal confirms that parties, under Swedish law, may in...
Oral Presentation of Evidence and the Application of the Parol ...
...under the auspices of the ICC International Court of Arbitration was decided, the Review asked the arbitrators and counsel for the parties to provide their comments and all of them...
The Andersen Arbitration – Vol. 10 No. 4
...the aberrant cases are not “law” in the sense of having precedential value, they do affect the parties involved in the most immediate way possible: an award is either enforced...
The Enforcement of Foreign Arbitral Awards in Russia: An Analysis ...
...mechanism for referring parties back to arbitration have also contributed to Italy’s reputation as a torpedo jurisdiction with respect to arbitration in particular. Download Full PDF *Notes & Comments **J.D.,...