...there is an interesting feature of constitutional scholarship in the United States, especially in the hands of people like me whose scholarship includes and embraces the Warren Court era in...
Search Results for : United States
...Intern at the United Nations Commission on International Trade Law (UNICTRAL), United Nations. Vienna, Austria. This paper does not necessarily reflect the views or opinions of UNCITRAL or the United...
Reviewing Trends and Proposals to Recognize Oral Agreements to Arbitrate ...
...are the primary factors to determine the governing law of the arbitration agreement clause. Position in Favor of the United Kingdom and Singapore United Kingdom The Enka v. Chubb...
Reinforcing the Position on Governing Law of Arbitration Agreement: An ...
...the traditional understanding of intra-EU BITs as conventional bilateral treaties that confer mere privileges to investors which are terminable by the States at will and without consequences to the States....
Mutual Termination of Sunset Clauses in Intra-EU BITs: The Search ...
...the question of the extent to which states are preempted from enacting laws covering the area of international commercial arbitration remains unanswered, this uncertainty has not deterred states from enacting...
New Developments in International Commercial Arbitration: A Comparative Survey of ...
...by States or communities of States may seem to be paradoxical. Although arbitration has no significant territorial ties with States, it may be affected by their domestic or regional laws,...
The Extraterritoriality of Laws in International Arbitration – Vol. 29 ...
...2022). Legacy Vulcan LLC v. United Mexican States, ICSID Case No. ARB/19/1; also see Award (27 September 2019). Perenco Ecuador Limited v. República del Ecuador, ICSID Case No. ARB-08-6, ¶...
The Perils of Intra-Corporate Arbitration for ESG Disputes
...the centuries, including during the unification of Italy in 19th century, to which the United Kingdom provided its support. As of today, despite Brexit, Italy and the United Kingdom remain...
The Recent Amendment of Italy’s Arbitration Law and the Ongoing ...
...standards. Furthermore, numerous States have acknowledged the unpredictability and inconsistency of damages awards before the United Nations Commission on International Trade Law Working Group III (ISDS Reform) (“Working Group III”),...
Telling Compensable Damages Apart: Addressing Entitlement to Losses of Future ...
...(“New York Convention”), along with the UNCITRAL Model Law on International Commercial Arbitration. It states that enforcement of an arbitral award can be denied if courts conclude that the nature...
Imposition of Economic Sanctions: An Embargo on International Commercial Arbitration?
...to express his gratitude to Dr. Kabir A.N. Duggal, C.Arb., for his invaluable comments and guidance. Jurisdiction: Global Topics: ICJ International Institutions and Rules States as Parties On 21 May...
International Labor Organization (ILO): Right to Strike
...Today to a large extent States allow the participants in arbitration to choose the rules that will govern the procedure, as well as those that govern the merits, without insisting...