...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...
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...– 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
Authors: Christian Johannes Wahnschaffe* and Edward Rensmann** Jurisdictions: International European Union Topics: Investment Disputes Energy Charter Treaty (ECT) EU Law There was turmoil amongst arbitration practitioners when the European...
Lights Out for the Energy Charter Treaty? The ECJ’s Next ...
...environmental protection by encouraging sustainable business practices. The dispute settlement mechanism provided in the CAI will help to enforce these commitments. PROTECTING HUMAN RIGHTS THROUGH ENVIRONMENTAL AND LABOR REGULATIONS The...
The EU-China Comprehensive Agreement on Investments – Promoting Sustainable Business ...
...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...
The Lesser Evil: How and Why Litigation Over Arbitration Awards ...
...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...
Promoting Sustainable Development in BITs: The EU Experience – Vol. ...
Author: Bette E. Shifman* Published: June 1990 Jurisdiction: Canada United States Topics: Arbitrators and Arbitral Tribunals Challenge of Arbitrators Commercial Disputes Applicable Law Arbitral Awards Enforcement of Arbitral Awards Interim...