...commercial litigator at a law firm in New York City. He holds a doctorate in law from Harvard Law School, and has previously worked as a litigator in Chennai, India....
...who have no need of the paternalistic protection of the state that justifies such laws. Further, the second rationale underlying mandatory public law rules– the protection of third parties–can still...
...of private international investment therein.” When enforcing an investment treaty in an ICSID arbitration, the terms of the treaty control. One such term is an “in accordance with laws” provision,...
...in motion. Download Full PDF *Counsel, Secretariat of the ICC International Court of Arbitration. The views expressed in this article in no manner bind the International Court of Arbitration of...
Author: Lawrence F. Ebb* Published: October 1990 Description: A question that seems to be recurring with increasing frequency is what constitutes a “foreign” arbitral award and a “foreign” arbitration agreement...
...and a research assistant at University of the Pacific McGeorge School of Law (USA); LL.M., School of Law, University of California, Davis (USA); LL.B., Faculty of Law, Beni-Suef University (Egpyt)....
Author: Thomas E. Carbonneau* Published: May 2005 Topics: Commercial Disputes Description: The Smit’s Guides to Commercial Arbitration: An International Bibliography1 represents Vratislav Pechota and his contribution to international legal studies...
...the principle of party autonomy a) is respected in ICSID arbitration and b) helps investors structure a dispute resolution mechanism that will facilitate the resolution of disputes with a host...
...Commission on International Trade Law (“UNCITRAL”) Arbitration Rules do not cover this eventuality in any one provision. The question arises: do the UNCITRAL Arbitration Rules permit the functioning of a...
Author: Hans Smit** Published: March 2007 Jurisdiction: International Topics: Categories of Disputes Investment Disputes ICSID BITs Description: The rapidly increasing volume of arbitration under bilateral investment treaties (“BITs”) is producing...
...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...
...Download Full PDF *Notes & Comments **Abrogado, Lecturer of Procedural Law at University Pompeu Fabra (Barcelona); LL.M. London (1998); LL.M. Columbia University School of Law, Harlan Fiske Stone Scholar (2000)....
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