...Hungarian Oil and Gas PLC, and the Republic of Croatia over energy-sector investments protected under the ECT. After Croatia allegedly took actions that violated its treaty obligations, MOL initiated arbitration...
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...respectively. Despite the astronomical damage awards, Russia was able to successfully challenge Yukos’ DCF present net value calculation method and persuade the tribunal that its comparative market capitalization valuation method...
TagTime with Funke Adekoya SAN – Damages and Costs: Can ...
...the business community comprising corporations, organizations, and private individuals. Private individuals tend to stray away from international decisions and policies. However, the imposition of economic sanctions creates a setback when...
Imposition of Economic Sanctions: An Embargo on International Commercial Arbitration?
...D. M. Lew, QC and to Gerry Lagerberg, James Parker, Melanie Vaughn and Amanda Philips, of PriceWaterhouseCoopers LLP, for their comments and criticism on earlier drafts of this report. I...
International Arbitration – Corporate Attitudes and Practices -12 Perceptions Tested: ...
...of one or another particular umbrella clause. As Professor Crawford writes, “[t]here is no such thing as the umbrella clause; rather, there are umbrella clauses.” Crawford, supra note 2, at...
Empirics-Based Umbrella Clause Interpretation
...would amount to an intangible creation of the human mind and would thus be entitled to be patented. The increasing scope of patentability by the pharmaceutical industry is codified in...
The Connection Between a COVID-19 Vaccine, Compulsory Licensing and Potential ...
...of the use of arbitration to resolve commercial disputes around the world. The reasons for this marked growth, particularly in the context of cross-border transactions, are manifold. Historically, and particularly...
Betting the Farm on International Arbitration: Is It Time to ...
...Columbia University School of Law for his guidance throughout the preparation of this article. The author also wishes to thank Tom Munno, Esq., managing partner of Dechert, Price and Rhoads,...
Enforcing Arbitral Awards involving Foreign Parties: A Comparison of the ...
...Court of Justice (“ECJ”) rendered its Achmea decision in 2018.[1] There, the ECJ found the dispute settlement provisions in a bilateral investment treaty between the Netherlands and the Slovak Republic...
Lights Out for the Energy Charter Treaty? The ECJ’s Next ...
...it was provided for in contracts between international business enterprises, the creative efforts of the ICC International Court of Arbitration in Paris have made it a reality. If left to...
Fast-Track Arbitration – Vol. 2 No. 2
...Government of Zambia was advised to destabilize the energy sector by expropriating assets belonging to industries because of the added pressure of the declining copper price due to the pandemic....
Enforcing Arbitral Awards on Expropriation Under the Environmental Magnifying Glass
...involved a contract for supply of steel scrap by Sometal to Habas, which provided for stipulations relating to quantity, price, shipment, payment, and the like, and concluded with the words...