...propose a framework for courts to use when confronted with an Article V defense to recognition and enforcement that has already been adjudicated elsewhere. And I will explain why I...
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...evidence standard, others require a much higher burden – clear and convincing evidence. The issue encounters an even more significant challenge in Latin America where jurisdictions do not have well-established...
Columbia Arbitration Day 2021 – Allegations of Corruption in International ...
...– Fall 2018. We are very grateful to Robert L. Howse, Damien J. Neven, and the audience for very helpful discussions. Financial support from Jan Wallanders och Tom Hedelius stiftelse...
Economic Aspects of International Investment* – Vol. 30 No. 1
Author: Lin Jacobsen* Published: July 2015 Description: I. INTRODUCTION This article seeks to demonstrate that China’s bilateral investment treaty (“BIT”) practice is best understood in light of China’s pursuit of...
International Investment Law with Chinese Characteristics: Zooming in on China’s ...
Author: Sima Ghaffari* Jurisdiction: Iran Topics: Reasons Requirement Enforcement of Arbitral Awards International Institutions and Rules Drafting an enforceable and well-reasoned arbitral award is an art. The...
Reasoned Arbitral Awards: An Iranian Perspective
...ICSID tribunals are directly enforceable in all the contracting states, ICSID was the first public international law arbitration system which allowed alien corporations or individuals to sue states directly. In...
The Weaknesses of the “Rosatti Doctrine”: Ten Reasons Why ICSID’s ...
Articles Commercial Multi-Party Arbitration: A Case-by-Case Approach Andreas Austmann Developing Views on What Constitutes a “Foreign Arbitration Agreement” and a “Foreign Award” Under the New York Convention Lawrence F. Ebb...
Volume 1: Issue 3 (October 1990)
Author: Zhen Qin Jurisdiction: International Topics: Technology Confidentiality As a general matter, the use of technology in the legal industry is no longer out of the ordinary,[1] yet, recently, an...
The Use of New Technologies in International Arbitration
...States and proceeds to document ensuing jurisprudential developments. It then examines common doctrinal misconceptions regarding separability and lays out the test to be applied in determining whether an arbitration provision...
Nothing Comes Of Nothing…Or Does It??? A Critical Re-Examination of ...
...law, including issues concerning emerging economies, digital trade, intellectual property, trade remedies, environment, and investment. At Harvard, Wu is a Faculty Director of the Berkman Klein Center for Internet and...
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...(Austl.). [72] R v. Azad (2007) VSC 115 (Austl.). [73] Batistatos v. Roads & Traffic Auth. (2006) 227 ALR 425 (Austl.). [74] Excalibur Ventures LLC v. Tex. Keystone Inc, [2011]...
Anti-Arbitration Injunctions: The Endless Tussle for Jurisdiction
Author: Ramon Vidal Puig* Published: December 2019 Jurisdiction: Europe Topics: BITs Description: I. INTRODUCTION The Treaty of Lisbon conferred upon the European Union (“EU”) exclusive competence with regard to foreign...