...in the United States with reference to anti-arbitration injunctions continues to be debated.[45] B. Judicial Position in India The judicial position in India can at best be described as tumultuous....
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...arbitrators and national courts are critical to the functioning of modern international commercial arbitration. Trite but true, although acknowledgement of the place of national courts and national law in this...
Institutional Rules and Arbitral Jurisdiction: When Party Intent is Not ...
...and enforcement of arbitral awards exist. As part of its mandate, the EBRD promotes the accepted standards of best international practice. With relation to international commercial arbitration, the standard is...
International Commercial Arbitration In The CIS And Mongolia* – Vol. ...
...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...
Investor-State Dispute Settlement Between Developed Countries: Why One Size Not ...
...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” ...
...Authority of the Arbitral Tribunal Description: This article argues that international sovereign debt arbitration should incorporate elements and best practices from both commercial and investment arbitration and should be promoted...
A Human Rights-Based Arbitral Tribunal for Sovereign Debt – Vol. ...
...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
...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 ...
...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...