...States and the United Kingdom, courts have consistently upheld the principle of non-interference in the merits of arbitral awards, focusing instead on procedural fairness and adherence to due process. The...
Search Results for : United States
...that time would constitute an abuse of right.[14] Such a phenomenon of treaty shopping has been gaining attention and complaints, especially from host states, and invites states to consider a...
TagTime with Alvin Yeo SC – Indirect Investments in Investor-State ...
...State’s environmental standards, in principle, enables counterclaims raised by States for breaching national measures.[30] In comparison, the EU-China CAI provides a state-to-state dispute settlement (SSDS) mechanism in Section V, as...
The EU-China Comprehensive Agreement on Investments – Promoting Sustainable Business ...
...sources of FDI to the Philippines are the British Virgin Islands, the United States, Japan, the Netherlands, Singapore, South Korea, the Cayman Islands, and Australia. The main sectors for foreign...
The Philippine BIT Program and Investor-State Disputes – Vol. 28 ...
...the national level, at least in the United States, no widely accepted system has been developed, although one has been promised. The Secretary General’s Report (the “Report”) setting forth general...
An Iraq Claims Process: Where and How? Part II* – ...
...concluded every day in the United States. These agreements, and the arbitral process, play a vitally important role in contemporary American life, providing an efficient, expert, and enforceable means of...
Arbitration and the Rule of Law: Lessons from Limitations Period ...
Author: Kirsten Weisenberger** Published: July 2007 Jurisdiction: United States Topics: Enforceability of Arbitration Agreements Separability FAA Description: The Supreme Court handed down a modest five-page decision in Buckeye Check Cashing...
From Hostility to Harmony: Buckeye Marks a Milestone in the Acceptance of ...
...upon arbitral tribunal’s jurisdiction.[20] The approach in United States is somewhat similar.[21] Though the doctrine of compétence-compétence is recognized in US arbitration law, decisions of the Supreme Court have nevertheless...
Between Scylla and Charybdis: Should Negative Jurisdictional Decisions by the ...
...remains.”[9] In the case of Tecnicas Medioambientales Tecmed S.A, vs. The United Mexican States[10], a contradictory view was taken to that of the Costa Rica case[11] wherein the contravention of...
Enforcing Arbitral Awards on Expropriation Under the Environmental Magnifying Glass
...Intellectual Property Organization, Geneva. Following studies in The United States and The Netherlands, Mr. Wilbers was a research fellow at the Max Planck Institute for Intellectual Property Law in Munich....
Fees and Costs Articles 67 to 72 – Vol. 9 ...
...the scientific uncertainty surrounding COVID-19 as a circumstance requiring restraint by states in implementing regulatory measures; on the other hand, tribunals could be more lenient toward states as long as...
The Challenge of Scientific Uncertainty in Future Investment Disputes Related ...
...case law in the European Union (E.U.), the United States (U.S.), and the United Kingdom (U.K.) typically favors a favorable response, this topic continues to be litigated in India as...