...the dispute, at the end of the day I was satisfied that the relevant issues had been raised and considered and that the parties had been able to make their...
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...with governmental authority” because they do not show an intention to confer governmental authority to an ad hoc panel. A vote of hands ensued: most attendees thought that the decision...
ARIA Report: “Arbitration in Two Worlds: U.S. and Brazilian Perspectives ...
...the Convention permits implied waiver through conduct, the FSIL mandates explicit written consent. Ongoing regional cooperation, including legal frameworks between China and ASEAN countries, may bridge this gap. Enforcement of...
China’s Procedural Innovations in State Immunity: A Comprehensive Analysis of ...
...between the Kingdom of the Netherlands and the Czech and Slovak Federal Republic of 1991 (the “Netherlands-Slovakia BIT”). The final award ordering Slovakia to pay € 22.1 million for damages...
The Unresolved EU Law Question: Reorganizing the Current Status of ...
...visited Dec. 8, 2022); Augusto Tolentino Pacheco de Medeiros, Arbitration Rules – August 12, 2019 Version, Câmara de Mediação e Arbitragem Empresarial – Brasil (Aug. 5, 2019), https://camarb.com.br/en/wp-content/uploads/2020/11/camarb-arbitration-rules-2019.pdf. ...
Provisional Measures in Aid of Arbitration in Brazil
...conflict between party autonomy, the compétence-compétence principle, judicial intervention and the court’s duty to preserve legitimate claims. Striking a balance between these often-conflicting principles, in essence, can accurately be captured...
Between Scylla and Charybdis: Should Negative Jurisdictional Decisions by the ...
Author: Ayush Kumar* Jurisdictions: International Topics: BITs Investment Disputes ICSID The Growing Energy Demand and Implications for Climate Change Global energy demand is projected to increase by 1.3% annually...
ISDS in the Era of Mandatory ESG Guidelines: Reforming Existing ...
...Article V sets out limited grounds to refuse recognition and enforcement of arbitral awards to be declared by the competent authority where the recognition and enforcement are sought either at...
Reviewing Colombian Supreme Court Judgments on International Arbitral Awards
...be seen as a potential chance to execute Ukrainian court judgments against Russian property in Italy. IV. Is it possible to enforce Ukrainian judgements against Russia abroad? Enforcement of...
How Can Ukrainian Judgments Recovering War-Related Damages From Russia Be ...
...can select neutral decision-makers that they trust (or agree on an appointing authority to do so on their behalf), addressing legitimacy concerns that would otherwise block engagement. Second, the ability...
International Arbitration as a Tool for Peace
...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 ...
...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...