...preserve a party’s interests. These disputes can be lengthy and expose the parties to post-deal risks longer than they may have intended. Protracted legal disputes in and outside a court...
Search Results for : Party Autonomy
...and in accordance with due process will ordinarily fall outside the scope of compensable expropriation.[14] That doctrine preserves the State’s regulatory autonomy. It does not, however, create a categorical exemption...
How Long Is Too Long? Reviewability and Indirect Expropriation in ...
...by recent judicial decisions in England. Notable among the features of the new Act is the primacy it grants to the autonomy of the parties to an arbitration. The Act...
Reform and Consolidation of English Arbitration Law – Vol. 8 ...
...ensure its consistency, its full effect and its autonomy as well as, ultimately, the particular nature of the law established by the [EU] Treaties.”[5] By contrast, the CJEU assigned little...
The Unresolved EU Law Question: Reorganizing the Current Status of ...
...with the assistance of a third party, as opposed to arbitration, where an arbitrator is selected to resolve the parties’ dispute—in government procurement contracts. Furthermore, the Guidelines seek to restrict...
The Way Forward: An Analysis of India’s New Guidelines for ...
...an Algerian shipowner. Despite the plaintiff’s repeated denials of being a party to that charterparty, the tribunal determined that he was the party’s undisclosed principal. In order to obtain a...
Seated Elsewhere, Sued at Home: Pakistan’s Unheard Answer to Star ...
...to termination and recission. In some jurisdictions, to terminate a contract for breach by the other party, the terminating party must have “clean hands” (as in, acting in good faith)....
TagTime with Prof. Dr. Mohamed S. Abdel Wahab – Good ...
...Kirrin Hough, Third Party Funding in International Investor-State Arbitration, ASIL Insights (Nov. 1, 2018) https://www.asil.org/insights/volume/22/issue/16/third-party-funding-international-investor-state-arbitration [18] Id. [19] Rule Amendment Project – Member State & Public Comments on Working Paper...
ICSID Rules Amendments: Two Major Proposed Reforms and Reactions from ...
Author: Tom Childs* Published: October 2015 Description: I. INTRODUCTION The issuance of a “final” arbitral award may only mark the midway point in an international commercial dispute. The losing party...
Enforcement of International Arbitral Awards: Should a Party be Allowed ...
...a party to demonstrate that its allegations are more likely true than those presented by the opposing party, establishing a genuine dispute where the winner is the one who provides...
Leniency Agreements and the Standard of Proof in Investor-State Arbitration: ...
...the ICISD Convention in the arbitration agreement, this post will question its automatic application to an arbitration administered by ICISD. This distinction may leave the requesting party, i.e., the claimant,...
A Potentially Vast Procedural Framework for ICSID Arbitration Provisions Silent ...
...or a governmental or public entity is a party.[3] The Arbitration Statute provides substantially identical legal grounds for setting aside an international arbitral award issued in Colombia or refusing the...