Author: Peter Ashford* Published: July 2011 Description: I. INTRODUCTION Arbitration is the primary method for dispute resolution in cross-border commerce. As global trade continues to grow so does the importance...
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...arbitrations, the incidence of claim splitting is minimal at best. I. SIGNIFICANCE OF RESEARCH In 2011, RAND undertook a comprehensive study of how in-house counsel perceive binding arbitration to understand...
Putting the Baby to Rest: Dispelling a Common Arbitration Myth ...
...that the new Rules offer one of the best, if not the best, regime of institutional arbitration available anywhere in the world. They therefore deserve to be considered seriously by...
The New International Arbitration Rules of the American Arbitration Association ...
...IISD Best Practices Series, Oct. 2019, https://www.iisd.org/system/files/publications/compensation-treaties-best-practicies-en.pdf. [12] Anthony Charlton, Discounted cash flows – Part 2, valuation and the financial crisis, Kluwer Arb. Blog (Jan. 26, 2012), http://arbitrationblog.kluwerarbitration.com/2012/01/26/discounted-cash-flows-part-2-valuation-and-the-financial-crisis/?doing_wp_cron=1597470322.3656759262084960937500. [13] MTD...
The Tik-Tok Ban in India: Remedies Under the ISDS Regime
...v Achmea or Is Justice Best Served Cold? (March 11, 2018), http://arbitrationblog.kluwerarbitration.com/2018/03/11/cjeu-slovakia-v-achmea-justice-best-served-cold/. [7] Id.; European Commission, EU-Canada trade agreement enters into force (September 20, 2017), http://ec.europa.eu/trade/policy/in-focus/ceta/index_en.htm. [8] See supra note...
The Invalidity of Intra-EU Bilateral Investment Treaties after Slovakia v. ...
...quantum computing have the potential to disrupt arbitral systems at a hitherto unseen speed. So, perhaps we had best pause to look at the horizon and see what iceberg might...
Transformative Technology and Arbitration’s Emerging Future – Vol. 32, No. ...
...Frank Crawford, in An American Viewpoint, wrote that it was Greek arbitration law that “decisively influenced” arbitration in Egypt in Ptolemy’s time. In one such matter, Crawford recounted, the arbitrators...
The Popular Meaning of “Foreign or International Tribunal” in ...
...and empirical studies, appearing to a lesser extent. While it is true that some pieces exist on best practices in advocacy, they appear most frequently in practitioner-oriented books or periodicals,...
Research In International Commercial Arbitration: Special Skills, Special Sources – ...
...crisis, the possibility of direct arbitration against the state for breaches of BITs offered a promising means to recoup losses suffered during the crisis.[13] In CMS v. Argentina, Enron v....
Necessity in Investment Arbitration: Boosting the ICSID System’s Legitimacy
Author: Megan K. Niedermeyer* Published: April 2015 Description: The international arbitration community has often been (irreverently) lauded as an “old boys’ network,” intrinsically interconnected in its approach and susceptible to...
Ethics for Arbitrators at the International Level: Who Writes the ...
...the Convention did their best to create a text, at the onset, that would facilitate the local courts’ task, providing a clear and broad pro-enforcement mandate. The text of the...
Preventive Requests for the Enforcement of Foreign Arbitral Awards: Toward ...
...Martin Dietrich Brauch, Exhaustion of Local Remedies in International Investment Law, IISD Best Practice Series 2, https://www.iisd.org/system/files/publications/best-practices-exhaustion-local-remedies-law-investment-en.pdf; Christoph Schreuer, Travelling the BIT Route of Waiting Periods, Umbrella Clauses and Forks...