...became a party to the Convention, and there is still an absence of consensus on the application of the Convention. Indeed, intervening developments in the law since Professor Rau offered...
Search Results for : Party Autonomy
Author: Richard Allan Horning* Published: December 1998 Topics: Intellectual Property Costs and Damages Interim Measures Relating to Property WIPO Description: The ability of an injured party to have recourse to...
Interim Measures of Protection; Security For Claims And Costs; and ...
...where world economies are becoming increasingly intertwined, it is ever more necessary to have an appreciation of various facets affecting each party to a business dealing, including the financial, social,...
An Analysis of the Influence of Islamic Law on Saudi ...
...issue for any user of international commercial arbitration is whether arbitration is worth the money. Whereas the losing party in an arbitration will tend to answer the latter question in...
Costs in ICC Arbitration: A Practitioner’s View – Vol. 3 ...
...(institutional or an ad hoc) had been predefined in domestic laws of states that are a party to a dispute, international agreement in which a state is a party to...
The ISDS Clause in the Investment Law of the Kyrgyz ...
...factor.” When commercial disputes arise, how can this discomfort factor be overcome so that one party does not have to submit to the national legal procedures and judges of the...
The Geopolitics of Arbitration – Vol. 3 No. 1-4
...finding of arbitrariness.[9] IV. Damages Canada provided a non-disputing party submission explaining that if a host state measure qualifies as a legitimate policy objective under Article 2201(3) of the...
Implications of Conflicting Governmental Priorities and Treaty Language in Eco ...
...have turned around the violation of the following obligations: National Treatment Under national treatment obligation, States have the duty to grant “to investors of the Party treatment no less favorable...
Could foreign investors use BITs or FTAs to sue the ...
...economic nexus to the State whose treaty they invoke, typically where an enterprise is controlled by host-State or non-party interests and conducts “no substantial business activities” in its ostensible home...
The Nationality and Substance Thresholds in Investor-State Jurisdiction: Reassessment ...
...a Party Proceedings to Compel Arbitration FAA Description: This article examines the potential responsibilities of nonsignatories regarding a final award by considering court treatment of nonsignatories in arbitration agreements. In...
Piercing the Double Veil: Enforcing Arbitral Awards Against Nonsignatories in ...
...it cannot be imposed unless a party has agreed to it either by contract in advance or once a dispute arises. All other elements of arbitration, however, are as compulsory...
The Present Status of the International Court of Arbitration of ...
...enforcement of awards made in Belgium. Since Belgium is a party to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards of June 10, 1958 (New...