Author: Marcus S. Jacobs* Published: June 1991 Jurisdiction: Australia Topics: Contractual Expansion or Limitation of Judicial Review Description: Australia is a federal state comprised of six states and two territories,...
Search Results for : United States
...the ensuing effect of justifying wrongful international acts. The result is that Article 25 is a provision the availability of which to States seems very limited, even in extreme circumstances....
New Approaches to the State of Necessity in Customary International ...
...address what litigators trained in the United States call “the internationalization of arbitral procedure.” By this, they mean that what previously took place in U.S. arbitral procedure, in which one...
International Commercial Arbitration: Two Cultures in a State Of Courtship ...
...the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention” or the “Convention”) was designed to put an end to the ubiquitous distrust...
Managing Requests for Enforcement of Vacated Awards Under the New ...
...language is ambiguous, often leading States to invoke doctrines like the “clean hands” doctrine[9] to prevent dirty-handed investors from benefiting from the treaty (e.g., Glencore Finance (Bermuda) Limited v. Plurinational...
Leniency Agreements and the Standard of Proof in Investor-State Arbitration: ...
...Disputes between States and Nationals of other States, art. 45, Oct. 17, 1966, 575 U.N.T.S. 159. [14] South China Sea Arbitration (Phil. v. China), Case No. 2013-19, Award on Jurisdiction...
TagTime with Judith Levine – Arbitration in Absentia: How to ...
...under the International Law Commission’s Articles on Responsibility of States for Internationally Wrongful Acts (ARSIWA) (Article 49(3)) that measures taken during the suspension or countermeasure are reversible and allow for...
The ‘Abeyance’ of the Indus Water Treaty: A strategic interpretative ...
...enforcement of awards made in Belgium. Since Belgium is a party to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards of June 10, 1958 (New...
International Commercial Arbitration in Belgium – Vol. 1 No. 1
Author: Abdallah Abuelfutuh Ali Published: October 2021 Jurisdictions: International Topics: National Legislation Stabilization Clauses Investor-State Dispute Settlement (ISDS) States as Parties ABSTRACT The current study examines the validity of traditional...
Taking Stock of the Validity and Legal Impact of Traditional ...
...hand, judgment in SMS Tea Estates[2] held that at the pre-reference stage in an application under Section 11, the Court could adjudicate on threshold issues, such as whether the claim...
Setting the Clock Back: Judicial Interference in the Appointment of ...
...countries of operations (the “Assessment”). The countries covered by the Assessment include the members of the Commonwealth of Independent States and Mongolia (the “States”). Arbitration is commonly regarded as a...
International Commercial Arbitration In The CIS And Mongolia* – Vol. ...
...the world’s oldest arbitral institution. It is an intergovernmental organization founded at the First Hague Peace Conference held in 1899 at the initiative of Czar Nicholas II of Russia. States...