...more recent critique of ISDS driven by developed countries, many of which are now reconsidering whether ISDS ought to be preserved, revised, or replaced. This critique arises in response to...
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...court or agency abroad to U. S. federal-court judicial assistance. As noted above, a private international commercial arbitral tribunal is a creature of contract and is fundamentally consensual in nature.[66]...
Using 28 U.S.C. § 1782 to Assist a Private International ...
...they involve licensing or the determination of property rights, the availability of an efficient, well informed system of private dispute resolution would be in the best interests of the parties...
Arbitration and Other Forms of Alternative Dispute Resolution – General ...
...it might even mean that arbitrators are aiding and abetting a crime by facilitating the payment of bribes, which could result in the criminal liability of the arbitrators themselves. To...
TagTime with Vladimir Khvalei – Corruption in international arbitration: red flags, ...
...changing the “character of the contract” is “the crucial criterion”); Ian Haydn Reed v. Chan Suk Fun the administratrix of the estate of Wan Lai Ha, the administratrix of the...
Unconscionable Arbitration Agreement: To Strike Down Entirely or to “Blue-Pencil” ...
...careful study of their client’s Best Alternative To Negotiated Agreement or BATNA, or WATNA;2 the Worst Alternative To Negotiated Agreement; — with no study of the opposite number’s BATNA or...
Advocacy in Mediation – Vol. 5 No. 1-4
...and tend to defer to the arbitrators as having been in the best position to consider and analyse the evidence. Mr. Gearing QC explained that the twin limbs of the...
TagTime with Matthew Gearing QC – Appeals on Questions of ...
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...
What did the 2018-2019 Supreme Court Term mean for the ...
...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 ...
...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...