...and victims than the multiplicity of potential domestic judicial procedures. Additionally, cross-border arbitration is already a well-known phenomenon. 2. The adaptability of arbitration increases its accessibility Arbitration also opens the...
...The Brazilian Arbitration Act (“BAA”), enacted in 1996 and amended in 2015, governs both international and domestic arbitration.[2] Other relevant sources of Brazilian law for arbitration are (i) the Brazilian...
...of Conciliation and Arbitration, art. 26 (1975), https://www.international-arbitration-attorney.com/wp-content/uploads/1975-ICC-Rules-of-Arbitration-English.pdf. [9] Pierre Mayer, Mandatory Rules of Law in International Arbitration, 2 Arb. Int. 274, 279 (1986). [10] Barraclough & Waincymer, supra note...
Author: S. I. Strong* Published: July 2010 Jurisdiction: International Topics: Commercial Disputes Advocacy Written Proceedings Description: I. INTRODUCTION International commercial arbitration is an advocacy-oriented endeavor, with parties engaging particular lawyers...
...grant anti-arbitration injunctions. The authors conclude that the Supreme Court must step in and legislate on the power of courts to grant anti-arbitration injunctions. STATUTORY FRAMEWORK An ‘anti-arbitration injunction’ is...
...gas arbitrations in the past years.[2] They highlighted that the pandemic has not led to a significant increase of big lawsuits and arbitrations and that they were positively impressed with...
...arbitration compared to other regions. Despite losses in investment cases, Kyrgyzstan’s ratification of the ICSID Convention indicated its ongoing commitment to arbitration. Reforms in investment laws reflected a selective approach...
...also within the same system. In civil law countries, the system of precedent is weaker than in common law countries. In international law, Article 59 of the ICJ Statute provides...
...her views. [2] Professor Dr. Maxi Scherer is a Professor of Law at Queen Mary University of London, School of International Arbitration, where she holds the Chair for International Arbitration,...
...notes, bring the Law more in-line with the development of arbitration over the past decades and the practical necessities of arbitration today. The current Arbitration Law was promulgated in 1994...
...on its face. Despite being problematic in the context of international arbitration,[3] TPF has generated predictably high levels of interest among international arbitration practitioners.[4] In addition, international arbitration is an...
Author: Sun Young Hwang*, Geesu Lee* Jurisdiction: South Korea Topics: Climate Change Law Investment Disputes International and Transnational Law International Litigation I. Introduction[1] South Korea stands at a critical...
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