...is appropriate for ESG disputes. Most binding ESG provisions oblige states and foreign investors in the ISDS system. This is because a new generation of bilateral investment treaties (“BITs”) has...
Author: Pippa Read Published: June 1999 Topics: Commercial Disputes Applicable Law Law Applicable to Procedure Arbitral Process Choice of Forum/Place of Proceedings Description: The delocalization of international commercial arbitration has...
Author: Rebecca Lamb Published: October 2021 Jurisdictions: International France United States Topics: Investment Disputes Insurance ICSID Nationality of Parties ABSTRACT The International Center for Settlement of Investment Disputes (ICSID) was...
...beneficial interest. The pandemic has forced firms into many unforeseen predicaments and taking on a new shareholder whose only interest is in a particular dispute may complicate pandemic-related restructuring efforts....
...used in investor-State dispute settlement.[1] In particular, Ms. Kinnear shared her experience drafting the working papers of the latest ICSID amendment as well as the newly published Code of Conduct...
...and bankruptcy courts in New York. The author is indebted to Professor William W. Park, Mark Kantor, Mark Friedman and Floriane Lavaud for their review and comments on this paper...
...from Buenos Aires University in 1957, and a Master in Comparative Jurisprudence from the New York University School of Law in 1961. He is a partner at Martin, Bodley and...
...judicial assistance to international arbitral tribunals created pursuant to agreement between private parties has enjoyed increased attention from both courts and commentators. Two lower federal courts sitting in New York...
...aircraft and its Rolls-Royce engine. After paying paid Boeing a settlement of over $12 million for damage to the aircraft, Rolls-Royce demanded compensation from Servotronics, a New York-based company that...
Articles The Use of Precedents in Investment Treaty Arbitration Awards Patrick M. Norton Preventive Requests for the Enforcement of Foreign Arbitral Awards: Toward an Effective Filtering Mechanism Under the New...
...of the case. Third-party funding has created new challenges as undisclosed relationships between the arbitrator and the third-party funder may give rise to arbitrator conflict of interest, threatening the independence...
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