...bound by previous decisions, which in our view demonstrates the tendency of arbitrators and scholars when facing this issue. The arbitral community is still not embracing the possibility of creating...
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...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
...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 ...
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 ...
...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 – ...
...and law at their best. Certainly by contemporary standards, and perhaps even by reference to a more exacting measure, the International Bibliography is, by its comprehensive scope, thorough classification, and...
An Assessment of Pechota’s International Bibliography on Commercial Arbitration – ...
...understood in common law jurisdictions—is incompatible with international arbitration, given the difficulties that a creditor could face in enforcing a monetary award.[6] The Need for Applying High Standards While...
Interim Measures in International Arbitration: The Case for Applying High ...
...pertinent to our discussion. The negative effect of compétence-compétence is best described by Prof. Gaillard and John Savage as “allow[ing] the arbitrators to be not the sole judges, but the...
Between Scylla and Charybdis: Should Negative Jurisdictional Decisions by the ...
...parties.[11] In line with the UNCITRAL Model law and other arbitration rules, the new Italian law has crystallised the duty of arbitrators to be independent and impartial and has also...
The Recent Amendment of Italy’s Arbitration Law and the Ongoing ...
...controlled manner. The Supreme Court in Modi Entertainment Network v. W.S.G. Cricket[16] enumerated and exhaustively discussed the circumstances would merit the grant of an anti-arbitration injunction. The Calcutta High Court...
Do Indian Courts have the Power to Grant Anti-Arbitration Injunctions?
...hoping for the best, but ultimately relying on the principle of freedom of contract laid down in the Russian Civil Code. This principle, absent during the era of planned economy,...
Russian Shareholders’ Agreements and International Arbitration – Vol. 23 No. ...
...of the Netherlands-Croatia BIT). However, even in the case of the broader language of a sunset clause, such as the one used in Art. 14 para 3 of the Netherlands-Croatia...