...conduct may also be “subject to ethical rules other than those of the home jurisdiction.” The reasons for this ambiguity are clear. Counsel are often obligated to follow the ethics...
Search Results for : Reasons/feed/blank
...lengthy critique of Rule 21, arguing that it was over-broad and unnecessary for several reasons. First, Burford cited 20 recent cases in which parties revealed the sources of their third-party...
ICSID Rules Amendments: Two Major Proposed Reforms and Reactions from ...
...faced numerous obstacles on both procedural and substantive grounds while attempting to raise counterclaims. One of the primary reasons why host states remain perpetual respondents without the ability to file...
Bridging the Gap Between Investment Arbitrations and Environmental Concerns: Can ...
...COMMISA with no forum for its claims which was imperative and amounted to uncompensated governmental expropriation which constituted unconstitutional taking in the U.S. COMMENT For reasons that follow, discussed...
Case Comment: Comissa v. PEMEX, 832 F.3d 92 (2d Cir. ...
...and ordered the state to limit greenhouse gas emissions. It is the first decision by any court in the world ordering states to limit greenhouse gas emissions for reasons other...
What Role Does Dispute Resolution Have in Tackling Climate Change?
...reasons desirable. This section provides the framework and context of theoretical uphill challenges affecting calls for third-party rights and liabilities in arbitration as a result of the classical privity of...
The “Privy to Arbitration” Doctrine: The Withering of the Common-Law ...
...of new legislation for emergency reasons, which alters previous contractual relations with foreign investors. 2. Host States’ adoption of ex post regulations affecting foreign investors with whom they lack a...
Ex Post General Regulation and Investment Protection in Recent International ...
...strong for a few additional reasons. First, diversity not only champions the universal application of arbitration as an effective tool for resolving disputes but also paves the way for the...
A Case for Diversity in the Seat of Arbitration
...win-loss rate for taxpayers shifted from 54-46% to 2-98% in favour of the state.[14] The influence of the Executive branch over the judiciary is one of the reasons for this.[15]...
The ISDS Clause in the Investment Law of the Kyrgyz ...
...to greater liability for host States. In light of this, it is suggested that Tribunals adopt the lower standard of reasonable nexus in adjudicating such claims for the following reasons:...
Police Powers as a Defence to COVID-19 Liability: Does it ...
...of the use of arbitration to resolve commercial disputes around the world. The reasons for this marked growth, particularly in the context of cross-border transactions, are manifold. Historically, and particularly...
Betting the Farm on International Arbitration: Is It Time to ...
...using the 1985 UNCITRAL Model Law on International Commercial Arbitration (the “Model Law”) as a starting point – a suggestion with which I agree. However, there are reasons why it...