...protection and security standard present in bilateral investment treaties and how arbitral tribunals have defined and applied it within the context of modern-day terrorism. Part I provides an overview of...
Search Results for : Tribunals
...and the enforceability of awards rendered by tribunals. Have Sanctions Impacted the Initiation of Arbitral Claims? The Obstacles and How Russian Courts Deal with Them An arbitral agreement is afforded...
Arbitration or Sanctions: Who Survives the Battlefield?
...the applicability of the torts of champerty and maintenance. Another significant feature of the bills is their second tier tribunals, or “award review tribunals”. These new tribunals would allow the...
The Brazil-Nigeria Samba: From Partners in Business to Parties in ...
...in place that arbitral tribunals and ODR platforms can adhere to. Despite most international arbitral institutions having their own rules regarding confidentiality of proceedings, there is no uniform standard of...
Technology and Arbitration: The Age of Confidentiality Concerns and Due ...
...committee in Standard Chartered Bank v. TANESCO held that it could review the arbitral tribunal’s assessment of the merits only for whether it was “fair and equitable”—language that is not...
Fair and Equitable Treatment as Boilerplate – Vol. 30 No. ...
...of interaction lies in the influence that human rights, environmental, or climate change law can have on the assessment, valuation, and design on reparative relief proposed to arbitral tribunals. The...
TagTime with Prof. Diane Desierto – Invoking Climate Change, Environmental ...
...awards such as in Grand River Enterprises v. United States of America,[21] where tribunals have accepted distinctions in treatment between investors or investments that are plausibly connected to legitimate public...
India’s ban on Chinese apps: Could India face the fire ...
...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...
Leniency Agreements and the Standard of Proof in Investor-State Arbitration: ...
...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
...Act empowers arbitral tribunals to order interim measures of protection during the pendency of proceedings, including orders to secure the amount in dispute. Section 9 of the Act confers parallel...
Alleged Financial Distress is Not a Blank Check: India Draws ...
...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...