...In arbitrations, when tariffs or sanctions change, tribunals expect detailed, dated and quantified evidence. Under Indian law, this evidence is critical to show causal link and material impact, and not...
Search Results for : Tribunals
...“Damages and Costs: Can Fair Compensation Be Too Much?”[2] Adekoya talked about damages and costs in arbitration awards through the perspective of developing and emerging countries. Often, arbitration tribunals award...
TagTime with Funke Adekoya SAN – Damages and Costs: Can ...
...the path to becoming a great advocate is paved with lessons learned on your feet. Yet, it is primarily domestic courts, not arbitral tribunals, and institutions, that presently appear to...
Championing the Junior Arbitration Advocate: What Can Arbitration Learn ...
...of EU law to the ECJ for preliminary rulings which are binding among all member states. Arbitral tribunals established under BITs, however, are not “court[s] or tribunal[s] of a Member...
How Achmea Works Out in the United States: The Enforcement ...
...is “to assist foreign tribunals in obtaining relevant information that the tribunals may find useful but . . . cannot obtain under their own laws.” A majority of U.S. courts...
The Extraterritorial Reach of 28 U.S.C. § 1782 in Aid ...
...– for compensation the effective date of expropriation is taken, while for damages the tribunals take the final date of award to ascertain the quantum of reparations made.[10] THE MOST...
The Tik-Tok Ban in India: Remedies Under the ISDS Regime
...capture the complexity of social life. This insight is especially relevant to arbitration, where adjudicators frequently operate within flexible normative frameworks. Unlike national courts, arbitral tribunals are not confined to...
Humanism and Responsibility in Arbitral Decision-Making Lessons from Letters to ...
Author: Claire Sheridan** Jurisdiction: International Topics: Powers of Arbitrators Arbitrators and Arbitral Tribunals Practice and Procedure In this TagTime episode, Professor Nayla Comair-Obeid† spoke with Professor Dr. Kabir Duggal and...
TagTime with Prof. Nayla Comair-Obeid – Robust Arbitrators: How to ...
...tribunals’ jurisdiction after the Treaty became effective, and what position the tribunals will take. Other than the stakeholders’ assessment of the strength of the forgoing (or similar) arguments, their decisions...
Treaty Terminating the Intra-EU BITs: a Game-Changer or … Not?
...Previously, all claims of denial of justice had been rejected by NAFTA tribunals. Denial of justice under international law was originally associated with international law violations committed by states against...
Lion Mexico Consolidated v. Mexico: An Unprecedented Finding of Denial ...
...deliberate, unmistakable) as the parties have chosen.[3] The tribunal’s own conflicts analysis fills any gap the parties’ designation leaves. What remains unsettled, in scholarship and practice, concerns how that arbitral...
Dépeçage in International Commercial Arbitration
...determination in any of the other arbitrations. However, unless otherwise agreed by the parties, the various arbitral proceedings will continue to remain separate, with the tribunals issuing separate decisions, rulings,...