...treatment; non-discrimination/national treatment; full protection and security; and umbrella clause but country’s obligations may differ from treaty to treaty ( as an example Kazakhstan-United Kingdom BIT, 1995, Kazakhstan-United States of...
Search Results for : non-signatories
...available jurisprudence (three decisions and various requests for consultation, plus a non-NAFTA proceeding utilizing the NAFTA procedural rules) in the seven years since NAFTA entered into force. The five decisions...
Government to Government Dispute Resolution under NAFTA’s Chapter 20: A ...
...disputes arising from the investment treaties Lebanon has ratified. Failing to grant full protection and security to investors will undoubtedly discourage potential and future investors from investing in Lebanon. Attracting...
Potential Arbitration Proceedings for Investor-State Disputes Arising in the Aftermath ...
...render an opinion on the issue. Some U.S. courts accept unconscionability as a ground for non-enforcement[23] while others have excluded its applicability.[24] However, unconscionability is recognized in most legal systems...
Unilateral Arbitrator Appointments in the US – A tussle between ...
...estoppel, mitigation of harm, ratification, and equity. Some of the neighboring doctrines in investment arbitration include legitimate expectations, fair and equitable treatment, full protection and security, non-discrimination, and non-expropriation. One...
TagTime with Prof. Dr. Mohamed S. Abdel Wahab – Good ...
...2018 thanks to various incarnations of the public-policy objection, a defense that proved more effective than usual in 2018 also against non-Ukrainian awards. […] II. CASES OF DENIED ENFORCEMENT OF...
Russia Report: The Enforcement of Foreign Arbitral Awards in 2018 ...
...capable of being arbitrated.” By this understanding, a claim or dispute is “non-arbitrable” within a given legal system if the system’s legislature or, less commonly, the system’s courts acting on...
Arbitrability Trouble – Vol. 23 No. 3-4
...the realm of class actions has created problems from the time it became an issue. Courts have been understandably reluctant to let non-judicial officers determine when and how class actions...
Class Actions in International Arbitration: Applicable Rules and Law – ...
...non- governmental organization having consultative status with the Economic and Social Council. In 1953 the ICC prepared a draft convention on the enforcement international arbitral awards as a replacement for...
1958 Report of the U.S. Delegation to the United Nations ...
...a presence of some kind and areas which non-minorities dominate essentially to the exclusion of U.S. minorities. This paper examines from an American perspective the color line in international commercial...
The Color Line in International Arbitration: An American Perspective – ...
...allowable and non-allowable costs and tend to permit a large degree of discretion in regard to their allocation to the parties in the award. Most notably, two diametrically opposed principles...
Costs and their Allocation in International Commercial Arbitrations – Vol. ...
...far as the authors are aware, the point has never come before the Italian Supreme Court. However, equality and non-discrimination are fundamental tenets of the Italian legal system and find...