...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...
Search Results for : Tribunals
...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. ...
...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
...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...
Law Applicable to the Extension of the Arbitration Agreement to ...
...tribunals have held that the denial-of-benefits right must be actively exercised, yet a State may invoke it once the dispute has crystallised, as the tribunals in Ulysseas v. Ecuador and...
The Nationality and Substance Thresholds in Investor-State Jurisdiction: Reassessment ...
...arbitration, moderated by Emma Lindsay. Simon Batifort and Ben Love argued on both sides of the proposition that “an arbitral tribunal’s decision should bind other arbitral tribunals subsequently deciding on...
2021 New York Arbitration Week
...in the Santurbán Páramo: Galway Gold v. Colombia[13] and Red Eagle v. Colombia[14]. While Eco Oro v. Colombia is not binding on other tribunals, the tribunal’s analysis may have implications...
Implications of Conflicting Governmental Priorities and Treaty Language in Eco ...
...European model, Chinese courts are not bound to enforce interim measures or injunctions decided by these tribunals.[7] Furthermore, other Chinese arbitration institutions, such as the China Africa Joint Arbitration Center...