...the Contracting party receiving the investment. For the avoidance of doubt, an investor of one Contracting Party must make its investments “in the territory of” the other Contracting Party. This...
Search Results for : Party Autonomy
...or overlapping subject-matter with only one common party, it may reasonably cause an objective observer to conclude that there is a real possibility of bias. However, whether an objective observer...
Subject Bias – The Blurring Lines Between Practitioners and Arbitrators
...(“UNCITRAL”) Model Law on International Commercial Arbitration (the “Model Law”) is not a “one-shot remedy.” That is, a failure by a party to utilize its “active remedy” of seeking judicial...
Choice of Active Remedies Under the UNCITRAL Model Law — ...
...party in the territory state either directly depriving the foreign investing state from the ownership and use of the said property, or indirectly by imposing strict regulatory measures which materially...
Enforcing Arbitral Awards on Expropriation Under the Environmental Magnifying Glass
...to the same economic operation. Multi-party contractual relationships also arise in different contexts, which partly overlap with the multi-contract situations. A first scenario is when A, B and C (and...
Multi-Party and Multi-Contract Arbitrations: Procedural Mechanisms and Interpretationof Arbitration Agreements ...
Author: Andreas Austmann* Published: October 1990 Description: The last decade has witnessed a growing discussion over the topic of multi-party proceeding in domestic and international commercial arbitration. How shall we...
Commercial Multi-Party Arbitration: A Case-by-Case Approach – Vol. 1 No. ...
...GDPR can be applicable to the party completely independent of the EU as it provides a wide scope of application. It can be applicable to the entities in the EU...
International Arbitration: A Miscellany of Data Protection Regimes and its ...
...for dispute resolution in which the disputants are able to exercise tremendous autonomy facilitated by a neutral third party who has no binding authority to settle their dispute. As opposed...
The Enforcement of Mediation Settlement Agreements in China* – Vol. ...
...regime of party autonomy in arbitration. In common-law jurisdictions (which are essentially adversarial) the judge will seek to ensure that the rules of evidence are adhered to, listen to the...
Documentary Discovery and International Commercial Arbitration – Vol. 17 No. ...
...contain an arbitration clause. One party, however, takes the position that he simply never agreed to anything—or, perhaps, that as a matter of local contract law the agreement cannot be...
Everything You Really Need To Know About “Separability” In Seventeen ...
...Article XXI is totally self-judging, even when this article expressly stipulates that “[n]othing in this Agreement shall be construed [. . .] to prevent any contracting party from taking any...
Necessity in Investment Arbitration: Boosting the ICSID System’s Legitimacy
...X. Each party has two witnesses and two experts: one of Claimant’s experts and all fact witnesses are based in State X; the other three experts are in New York;...