...of an investment automatically entails a treatment that is not fair and equitable, and vice versa. The legal protection under the FPS standard may be carried out through domestic tribunals...
Search Results for : Tribunals
...be in line with good faith principles. After analyzing these good faith concepts, it is also important to consider its practical applications. In the international arbitration context, tribunals are not...
TagTime with Prof. Dr. Mohamed S. Abdel Wahab – Good ...
...national courts and quasi-judicial tribunals in deciding which set of laws should govern the arbitration agreement. However, it is pertinent to note that neither national courts nor tribunals are obligated...
Reinforcing the Position on Governing Law of Arbitration Agreement: An ...
...344 of the TFEU preclude these types of provisions. Although not applicable to investment treaty tribunals, the judgment has provided a basis of incompatibility between BIT arbitral tribunals and EU...
The Post-Achmea EU: Uncertainty in the Face of Change
...in the international arbitration context. She cautioned tribunals to consider carefully allowing evidence that was found to be the result of an unlawful breach, since this may incentivize attacks. She...
TagTime with Catherine Amirfar – Cybersecurity and International Arbitration: A ...
...the CAS – are regulations and statutes of sports governing authorities. The Swiss Federal Tribunal’s pronouncement on this provision creates the impression that regulations and statutes of sport governing organizations...
Proposals to Amend the Code of the Court of Arbitration ...
Author: Josh B. Martin* Published: April 2017 Jurisdiction: International Topics: Arbitrators and Arbitral Tribunals Commercial Disputes International Character of Dispute Applicable Law Description: INTRODUCTION The role of mandatory rules within...
Contractualists Versus Jurisdictionalists: Who is Winning the Mandatory Law Debate ...
Author: E. Jin Lee* Published: April 2017 Jurisdiction: United States Topics: Arbitrators and Arbitral Tribunals Arbitral Process Agreement to Arbitrate Court Decisions Parties Description: The role that state contract law...
Whose Law Is It Anyway? The Contract Interpretation Problem in ...
...it could have ordered only an opt-in form. The latter issues neither the arbitral tribunal nor the two federal courts addressed. The relation between the courts and arbitral tribunals in...
Class Actions in International Arbitration: Applicable Rules and Law – ...
...constitute expropriation[6] In order to better understand the concept of expropriation with respect to the environment, a reference has to be made to cases determined by international tribunals. States are...
Enforcing Arbitral Awards on Expropriation Under the Environmental Magnifying Glass
Author: Ahan Gadkari* Jurisdiction: India Topics: Appointment of Arbitrators Arbitrators and Arbitral Tribunals Domestic Proceedings in Arbitration Abstract Party autonomy has significant importance in any arbitration proceeding....
Single-Party Arbitrator Nomination as a Ground of Annulment in India
...but only for the proceedings before the Court itself, not for the proceedings before the arbitral tribunals. This situation changed as the result of amendments to the ICC Rules and...