Author: Aaron J. Crowell Jurisdiction: United States Topics: Arbitrability Court Decisions Jurisdiction and Powers of the Courts in Matters of Arbitration Generally This January the Supreme Court decided Henry Schein...
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...this fictional character into “nature,” fetishizing categories and blocking critique. The result is a second‑order critique: the goal is not merely to debate “best arbitral practices,” but to expose the...
Book Review – Constitutional Arbitration: When Private Jurisdiction Meets Constitutionalism
...should be permitted to keep the objects that he had expended the skill and energy to retrieve. Furthermore, he asserted that the removal of the artifacts was in the best...
Cultural Property Disputes and the Draft UNIDROIT Convention: Possible Applications ...
...allowed. The Pahalgam incident, would arguably fall under the murder category of crimes against humanity (Article 7(1)(a) of the Rome Statute). By its very definition, crimes against humanity have to...
The ‘Abeyance’ of the Indus Water Treaty: A strategic interpretative ...
...Applicable Law Responsibility of the Parties Description; This paper undertakes a critical analysis of recent developments in Singapore and England on the subject of determining what law governs the substantive...
Resolving the Difficulties of Determining What Law Governs the Validity ...
...the 2018 Smit-Lowenfeld Prize for the best article in the field of international arbitration. The prize is being awarded for the article, “Songs of Innocence and Experience: Ten Years of...
IACNY Awards Seventh Annual Smit-Lowenfeld Prize* – Vol. 28 No. ...
...undergone a growing shift. This is perhaps best exemplified by India—the subject of Prabhash Ranjan’s book, “India and Bilateral Investment Treaties: Refusal, Acceptance, Backlash.” India’s policy towards investment treaties underwent...
Prabhash Ranjan, India and Bilateral Investment Treaties: Refusal, Acceptance, Backlash ...
...arbitration has emerged in the United States. Called final offer, or last-best offer, arbitration, the dispute resolution procedure limits an arbitrator to choosing the final offer made by one of...
Final Offer Arbitration: A Model for Dispute Resolution in Domestic ...
...been made to the ICSID Rules, and that therefore it was time for “periodic updating.”[4] Kinnear added that ICSID wanted to take the opportunity to “memorialize” some of the best...
ICSID Rules Amendments: Two Major Proposed Reforms and Reactions from ...
...arise is in the best interests of all parties. The parties realize that it is likely some form of dispute will arise over the course of the construction/development and distribution...
Planning for Commercial Dispute Resolution In Mainland China – Vol. 16 ...
...some international best practices which may help in achieving a balance between attaining efficiency and preserving the autonomy of parties. SCOPE OF DISCRETION EXERCISED WHILE APPLYING EP UNDER SIAC 2016...
The Perceived Tension Between Party Autonomy and Expedited Procedure Under ...
...in arbitration the temptation is often to ask which record is the “real” one. That question is usually too crude. A public blockchain may be the best evidence that a...