...period, imported capital. As a result, many concluded treaties in the 1990s with capital-exporting countries like Turkey, the Netherlands, and China, which were major investors in the region. However, the...
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...core tenet of Kompetenz-Kompetenz. A. Arbitrability of Dispute: What the Courts have held In Fincantieri v. Ministry of Defence of Iraq[4], a contract entered for the sale of military goods...
Imposition of Economic Sanctions: An Embargo on International Commercial Arbitration?
...BITS IN CENTRAL ASIA? BITs are popular in Central Asia for several reasons: Firstly, Central Asia’s markets form a critical geo-strategic and economic trade hub and transit corridor, linking Asia...
ΠITs in Central Asia: Opportunities and Risks
...New York Times article and when you clicked on that link, the image of a joker popped up with the words “Happy April Fool’s Day.” It had been admitted in...
Evidentiary Principles in Investor-State Arbitration – Vol. 28 No. 1
...without the client’s consent.[5] In addition there are even more differences. For example, in Switzerland and Germany, the client cannot waive the professional secrecy privilege; only the lawyer can do...
TagTime with Samaa Haridi – Legal Privilege in International Commercial ...
...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...
TagTime with Cecilia Azar – Conflicts of Interest in International ...
...event arises during the virtual hearings or if some rule becomes impractical and unnecessary, the arbitral tribunal may choose to modify the procedural order, even without the parties’ consent, without...
Lessons from the Past: Avoiding the Frankfurt Surprise in the ...
...of the Amendment appears to unilaterally deprive foreign entities of pursuing their claims through arbitration and takes away a contractually vested right without setting any standards or qualification for accessing...
Arbitration or Sanctions: Who Survives the Battlefield?
...each other.[5] In Achmea, the dispute arose after Slovakia reversed its liberalization of the health insurance market, prompting Dutch investor Achmea to initiate UNCITRAL arbitration under the Netherlands-Slovakia BIT....