...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...
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...the federal circuit courts of appeal regarding the enforceability of pre-hearing discovery subpoenas to non-parties. This article also briefly addresses issues of enforcement of arbitral orders and subpoenas (Section V)...
Arbitral Subpoenas under U.S. Law and Practice – Vol. 14 ...
...devoid of caution, nuance, context, and, of course, empathy. A tremendous responsibility, therefore, lies with those building and programming these machines, the coders – or those who hired the coders...
Arbitrators vs Bot-rators: Can AI Make International Arbitration Fairer and ...
...of loading the analytic dice. Imagine that Bloggs, in a document styled “Arbitration Award,” orders XYZ Inc. to pay ABC Ltd. $1 million. In resisting enforcement, XYZ argues that Bloggs...
Determining Arbitral Jurisdiction: Allocation of Tasks Between Courts and Arbitrators ...
...it restricted the free movement of goods, a conflict arose between European human rights law and European Union law. In domestic legal orders, problems of this kind are resolved in...
Investment Treaty Law and International Law – Vol. 23 No. ...
...investors from emerging markets to exercise their party autonomy and access more sophisticated legal orders, and it enables them to claim international property rights protection perceived to be stronger than...
Yukos, Investment Round-Tripping, and the Evolving Public/Private Paradigm – Vol. ...
...The Task Force Report includes numerous sample arbitration clauses, terms of reference, and procedural orders adopting such options. Mr. Draper also pointed out that since climate change-related disputes often have...
Columbia Arbitration Day 2020
...on the invocation of the ‘Group of Companies’ by Indian Courts, the piece does not engage with the SIAC orders — the arbitral institution responsible for the arbitration referred to...
Amazon v. Future Retail: (Re)Assessing India’s Tryst With the Group ...
...(ILC) Draft Articles on Diplomatic Protection (2006) codified this exception, requiring claimants to show that “there are no reasonably available local remedies to provide effective redress, or the local remedies...
A Comparative Analysis of the Enforcement of Multi-tier Dispute Resolution ...
...‘self-contained regime’ or ‘complete code’ which encompasses the totality of obligations between signatory states and investors thereunder.[2] Such an interpretation resists the direct horizontal application of IHRL to investors, as...
Systemic Integration: Resolving the Dichotomy of Competing Obligations in International ...
...predicates; its roots are eclectic and its evolution gleans from traditions of sundry legal orders, resulting in an intensely “crosspollinat[ed]” practice. While the “constitutional charter” of the international arbitral process,...
Collective Redress in International Arbitration: An American Idea, A European ...
...time, submit excessive numbers of documents, persistently refuse to file submissions at the agreed deadline, ignore the orders of the tribunal, misuse confidentiality, make inappropriate objections or even refuse to...