...Topics: Arbitrators and Arbitral Tribunals Arbitral Awards Interest and Costs Description: Interest on damages awarded by an arbitral tribunal can be a significant component of a prevailing party’s total recovery...
Search Results for : Tribunals
...the tribunal’s implication, it is common knowledge that a right not being exercised does not per se deny its existence. And in the present case, a recently created special vehicle...
Unsecured Creditors: How the Westmoreland Arbitrations Have Undermined Type G ...
...discussions on this subject, it first must be mentioned that, as in the United States, it took time before the courts in European countries even accepted that arbitral tribunals could...
The Second Look Doctrine: The European Perspective – Vol. 21 ...
...been consistently confirmed by arbitration tribunals seated in Brazil and by the United States’ domestic courts. For example, in the class action In re Petrobras Sec. Litig.,[7] Judge Jed S....
Overview of Securities Arbitration in Brazil: Challenges and Developments
...applicable to the investment contract, because arbitral tribunals have often seen pecuniary compensation as “the appropriate remedy” for the breach of SC. The value of SCs, therefore, operates as a...
Taking Stock of the Validity and Legal Impact of Traditional ...
...tribunals in Philip Morris Asia v. Australia (“PMA v. Australia”) and in Philip Morris Brands Sarl, et al. v. Oriental Republic of Uruguay (“PM v. Uruguay”) sided with the two...
Tobacco Control Measures and International Investment Law After Philip Morris ...
...energy-transition disputes were multiplying. The European Union has since moved to withdraw from the Energy Charter Treaty, even as arbitral tribunals and national courts: including in the 9REN enforcement proceedings...
The Last Court Standing: Arbitration in a World at War ...
...sublet way. In this sense, arbitral tribunals have recognized a more expansive concept of property rights. In Pope & Talbot v. Canada, the arbitral tribunal recognized that a tariff-quota regime...
Could foreign investors use BITs or FTAs to sue the ...
Author: James H. Carter* Published: June 2000 Topics: Arbitrators and Arbitral Tribunals Categories of Disputes Commercial Disputes Description: Tripartite arbitral tribunals for commercial disputes, including two party-appointed arbitrators, are not...
Improving Life with the Party-Approinted Arbitrator: Clearer Conduct Guidelines for ...
Author: Kabir Duggal* Published: November 2017 Jurisdiction: International Topics: Categories of Disputes Investment Disputes States as Parties Practice and Procedure Evidence Experts Arbitrators and Arbitral Tribunals Discovery Other International Institutions...
Evidentiary Principles in Investor-State Arbitration – Vol. 28 No. 1
...Lebanon’s international investment agreements contain a full protection and security (FPS) clause.[11] These provisions have received relatively little attention by arbitral tribunals compared to the Fair and Equitable Treatment (FET)...
Potential Arbitration Proceedings for Investor-State Disputes Arising in the Aftermath ...
Author: Kathleen Stanaro Jurisdiction: International Topics: Other Although tribunals have traditionally shied away from determining human rights issues,[1] there are many ways in which human rights concerns affect and may...