...for claims themselves is the language and wording of IIAs, which determines the tribunal’s jurisdiction over counterclaims. Tribunals have noted that investment treaties are “inherently asymmetrical”[10] in nature, and have...
Search Results for : Tribunals
...interpretation. Arbitral tribunals, as was emphasised in Achmea, generally do not form part of the judicial system of the Member States. The ECJ has now extended this finding to tribunals...
Lights Out for the Energy Charter Treaty? The ECJ’s Next ...
...of resulting awards is their frequent reliance on the decisions of earlier tribunals to identify rules of international law applicable to foreign investment disputes. This practice has spawned an extensive...
The Use of Precedents in Investment Treaty Arbitration Awards – ...
...the parties, they de facto intrude on the jurisdiction of other courts and tribunals. Only the parties may be bound, but by implication the adjudicatory body is also deprived of...
A Multi-Factor Test for Anti-suit Injunctions in ICSID Arbitration – ...
...a mere procedural requirement that could be dismissed.[42] ICSID tribunals have not been consistent with regard to the legal identity of the requirement. Some tribunals, both ICSID and other tribunals...
The ISDS Clause in the Investment Law of the Kyrgyz ...
...affect the way that tribunals assess the reasonableness of government measures considering the scientific uncertainty surrounding COVID-19. While investment tribunals do not adhere to stare decisis, they tend to be...
The Challenge of Scientific Uncertainty in Future Investment Disputes Related ...
...the New York Convention, English courts must conduct a full de novo review of an arbitral tribunal’s jurisdictional findings, rather than showing deference to the tribunal’s determination. This approach prioritizes...
Issues Relating to Non-Signatories in International Arbitration: A Comparative Analysis ...
...commonly accepted as within the police power of States’ forms part of customary international law today”.[5] ARE TRIBUNALS BOUND TO APPLY THIS DOCTRINE? While many investment tribunals have applied the...
Police Powers as a Defence to COVID-19 Liability: Does it ...
...applicable.[17] Costs: To make arbitration more accessible, both the Tribunal’s and the SIAC’s administrative fees are capped at 50% of the maximum amounts specified in the Schedule of Fees, unless...
New Year, New Rules: Highlighting 10 Key Features of the ...
Author: Joaquin Garino* Jurisdiction: International Topics: Investment Disputes Costs and Damages Third-Party Funding I. INTRODUCTION With the Unionmatex v. Turkmenistan award,[1] there are now three investor-state tribunals that ordered a...
Restating the Exceptional Circumstances that Warrant an Order for Security ...
...arbitral tribunals worldwide. International arbitration has proven to be relatively resilient to these limitations. Some of the tools that are being widely used to cope with the pandemic are videoconferences...
Lessons from the Past: Avoiding the Frankfurt Surprise in the ...
Author: Sampurna Mukherjee* Jurisdiction: India International Topics: Arbitration Clauses Arbitrators and Arbitral Tribunals Jurisdiction of Tribunals I. INTRODUCTION There can be no doubt that today, the preference,...