...Republic of El Salvador,[4] World Duty Free Co. v. Republic of Kenya,[5] and Metal-TechLtd. v. The Republic of Uzbekistan.[6] These cases exemplify a recurring theme in which arbitral tribunals often...
Search Results for : Tribunals
...by the Second Circuit’s Panel that international tribunals are only tribunals established by inter-governmental agreements. Furthermore, the legislative history leaves no doubt that new Section 1782 was intended greatly to...
Postscriptum – Vol. 8 No. 2
...either of these prerequisites, leading to the unavailability of evidence, can be tantamount to its non-existence. Due to their purely contractual nature and unlike state courts, arbitral tribunals lack coercive...
Judicial Assistance By German Courts in Aid of International Arbitration ...
...interpretations and applications. While some tribunals considered it a prerequisite for an investor to attempt litigation in local courts before initiating arbitration, others viewed it as a form of a...
Event Report: Exploring International Investment Law and Disputes in Central ...
...tribunals,[24] and therefore, relying on principles such as forum non conveniens, arbitration of human rights disputes may raise enforcement concerns.[25] Additionally, human rights are still comparatively new on the business...
Hague Rules on Business and Human Rights Arbitration: What Lies ...
...currently 196 intra-EU BITs in force, this judgement will likely impact future investor-state disputes, although the judgment is not binding upon investment treaty tribunals.[4] Prior to this Judgement, the legality...
The Invalidity of Intra-EU Bilateral Investment Treaties after Slovakia v. ...
...losses caused by the same historic event or diplomatic crisis. Since 1980 at least ten tribunals or commissions have been created to resolve what I estimate to be 4-1/2 million...
Mass Claims Processes – Vol. 13 No. 1-4
...the Germany-Sri Lanka BIT (2000). In contrast, other tribunals assessing contractual debts have been more circumspect in their analysis. For instance, in Nova Scotia Power v. Venezuela (ICSID, 2014), a...
Bangladesh’s Regime Change – The India-Bangladesh BIT (2009) and the ...
...international investment tribunals deem part of international law is largely a myth in the U.S. cases. In the international law realm, tribunals have been taking a wide view of enforceable...
Investor-State Contracts, Host-State “Commitments” and the Myth of Stability in ...
...they must investigate corruption ex officio. Arbitral tribunals also lack investigative apparatus due to their private nature, preventing them from issuing coercive investigative measures. Further, it is common for arbitrators...
TagTime with Vladimir Khvalei – Corruption in international arbitration: red flags, ...
...result violates the underlying wisdom that domestic disputes are inappropriate for international arbitration tribunals and such matters should be left to national courts. In any respect, the Everest Estate Tribunal’s...
Crimea and the Challenge of Jurisdiction
...in various stages of the negotiation and the transaction, by having only one of them sign the underlying contract and the arbitration agreement. Arbitral tribunals and courts felt that keeping...