...forum to address their grievances. The privileged position given to investors in this framework has created incentives for commercial actors to characterize their disputes as “investment disputes”, thereby falling within...
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...Procedure Code, 1908, § 44A. [4] Arbitration and Conciliation Act, 1996, § 44 to § 52. [5] Insolvency and Bankruptcy Code, 2016 § 3(11). [6] Adityaa Energy Resources Pte Ltd....
To Do or Not To Do: The Financial Disclosure of ...
...battles a crippling financial crisis accompanied with the Covid-19 pandemic, it may also be exposed to costly investor-state arbitration disputes arising out of the government’s mishandling of public funds[29] and...
Potential Arbitration Proceedings for Investor-State Disputes Arising in the Aftermath ...
...network is also key to securing one’s first arbitration appointment.[108] Law firms are in key positions to provide that support network and other networking opportunities that are usually restricted to...
A 360-Degree, Kaleidoscopic View of Diversity and Inclusion (or Lack ...
...The biggest share of FDI in the first half of 2016 went to the Philippines, with a 245% year-on-year surge in new FDI. The World Bank’s chart of net FDI...
The Philippine BIT Program and Investor-State Disputes – Vol. 28 ...
...Law (“ASIL”). The criminal created an email address that was one letter off from her own and emailed the treasurer of ASIL asking for a transfer of funds. Sophisticated cyber...
TagTime with Catherine Amirfar – Cybersecurity and International Arbitration: A ...
...procedural certainty, including comparatively simpler and less formal rules of evidence promoting authoritative enforceability of the arbitral award, with limited grounds of challenge, is the apposite functional link to a...
Whether Contractual Preconditions to Arbitration should be regarded as ‘Impediments’ ...
...Investment Law and Investor-State Disputes in Central Asia: Emerging Issues, edited by Kiran Nasir Gore, Elijah Putilin, Kabir Duggal, and Crina Baltag. The main focus of the panel was to...
Event Report: Exploring International Investment Law and Disputes in Central ...
...Swiss Code of Obligations allows for a contractual obligation to be relinquished when the performance becomes impossible in situations not imputable to the obligor.[13] Similarly, the Russian Civil Code states...
Imposition of Economic Sanctions: An Embargo on International Commercial Arbitration?
...Sch 13/10, https://1.next.westlaw.com/Link/Document/Blob/I5b54f0f41ef511e38578f7ccc38dcbee.pdf?targetType=PLC-multimedia&originationContext=document&transitionType=DocumentImage&uniqueId=7831ceb1-bbc0-4e22-8b47-45c4e12b13b5&contextData=(sc.DocLink). [3] Peter Bert, Arbitrator’s Nightmare: When Procedural Orders Backfire – Flex-n-Gate v. GEA, Kluwer Arb. Blog (Nov. 20, 2012), http://arbitrationblog.kluwerarbitration.com/2012/11/20/arbitrators-nightmare-when-procedural-orders-backfire-flex-n-gate-v-gea/. [4] OLG Frankfurt a. M., 26 Sch...
Lessons from the Past: Avoiding the Frankfurt Surprise in the ...
...opposing counsel put in the record a blog post on the creation of a new state—“Bolizuela”—through the merger of Bolivia and Venezuela. This blog post had a reference to a...
Evidentiary Principles in Investor-State Arbitration – Vol. 28 No. 1
...and domestic legislation stipulate that arbitrators must be impartial and independent, one cannot deny that there is a link between the party and the arbitrator it appoints. The key in...