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...merits. In the absence of judicial authority on the precise scope of Preliminary Determinations in the arbitration context, the authors draw on common law principles developed in the litigation sphere....
Author: *Bárbara Bada Jurisdiction: United Kingdom United States Australia Spain Topics: Investment Disputes Enforcement of Arbitral Awards Third-party Funding The English Commercial Court’s decision in OperaFund Eco-Invest SICAV plc...
...even before blast: UN, Al Arabiya (Aug. 19, 2020), https://english.alarabiya.net/business/economy/2020/08/19/Over-half-of-Lebanon-trapped-in-poverty-even-before-blast-UN. *Amr Jomaa is an LL.M. candidate at Columbia Law School graduating in May 2021. Amr has over three years of...
...Recognition and Enforcement of Foreign Arbitral Awards, arbitration facilitates the recognition and enforcement of arbitration awards across international borders. It can thus provide parties with greater certainty and predictability when...
...in the following two arbitration cases show how important it is for respondent countries to not merely assume that the burden of proof is only on the claimant when proving...
...secured creditors and other priority dues, with unsecured creditors often recovering only a fraction of what is owed. Khurana does not address this risk at all, having been decided entirely...
...of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region, Xinhua Net (June 30, 2020, 11:01 PM CST), http://www.xinhuanet.com/gangao/2020-06/30/c_1126179649.htm; see also The Law...
...pendency of the enforcement proceedings, the entities against which a foreign award is sought to be enforced often find themselves grappling with the issue of whether to disclose the liability...
...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...
...legal and judicial cooperation between the SPC and Singapore Supreme Court, signed in August 2017, see Supreme Court of Singapore, Inaugural Singapore-China Legal and Judicial Roundtable (Aug.t 21, 2017), https://www.supremecourt.gov.sg/news/media-releases/inaugural-singapore-china-legal-and-judicial-roundtable....
...withdrew from the treaty, it would still apply in Central Asian states, impacting energy investments and climate-related disputes. Open dialogue among stakeholders is crucial for navigating the evolving energy landscape,...
...discrimination by one Party against investors of another Party, favoritism and protectionism for a Party’s own products or industries, environmental issues, and job flight. The United States-Canada Free Trade Agreement...
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