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...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...
...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...
...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...
...– 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...
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...
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...
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...
...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...
...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...
...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...
...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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