...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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...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...
Developments in Adoption of the 1985 UNCITRAL Model Law on ...
...and litigation. ***Julie Bédard is head of Skadden’s International Litigation and Arbitration Group for the Americas. She is a member of Skadden’s Policy Committee, the firm’s governing body. Fluent in...
TagTime with Dr. Julie Bédard*** – Who Decides: Courts or ...
...proceeding, the other party must be given notice and is entitled to deny recognition and/or enforcement of the award. Once enforced, the domestic award will automatically be deemed recognized. Conversely,...
The Brazil-Nigeria Samba: From Partners in Business to Parties in ...
...for hotels, Netflix for movie watching, Amazon for retail everything, have taken their place in the daily fabric of our lives and in no time at all weaved themselves into...
Disruption is the New Black: Practical Thoughts on Keeping International ...
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
...the opportunity to ensure that the enforcement of antitrust laws has been addressed. The concern is that private international arbitrators should properly adjudicate or fairly decide cases. However, a systematic...
Harmonizing Arbitration and Competition Law Disputes: Pursuing Consistency In Adjudication
Authors: Tyler B. Robinson and Robert H. Smit* Published: December 2018 Jurisdictions: International United States North America Canada Europe United Kingdom Asia Hong Kong Singapore Australia New Zealand Topics: Arbitral...