...confidentiality, voluntary nature, and non-litigious character. Adoptive arbitration grants fluidity and certainty to resolving international commercial disputes, and marks a jurisdiction providing the approach as an attractive forum for resolving...
Search Results for : non-signatories
...virtual arbitration, particularly virtual mediation, but that they nonetheless preferred in-person hearings for complex cases and lengthy hearings. The speakers also discussed the impact of environmental concerns in oil and...
2021 New York Arbitration Week
...non-UNCITRAL grounds for annulment have been interpreted by U.S. and Argentine courts and the risks that these interpretations present for parties who attempt to arbitrate their disputes in the U.S....
The Review of Arbitral Awards’ Manifest Errors of Law in ...
...entities other than traditional North American or British-style courts. The paper will go on to consider the role of letters of request in relation to the growing phenomenon of private...
Letters Of Request: Will A Canadian Court Enforce A Letter ...
Articles Setting Aside An Arbitral Award In The People’s Republic Of China Li Hu Awarding Compound Interest In International Arbitration Natasha Affolder Notes & Comments Burning The Idols Of Non-Arbitrability:...
Volume 12: Issue 1 (January 2002)
...Anti-Doping Agency (WADA). The basic presumption was that athletes bear full responsibility for the presence of banned substances if tested positive. A second arbitral rule creation refers to “non-significant fault...
The Viability of Precedents in Arbitration
...of States. This is evidenced in particular by the diminishing influence of the law of the seat or the submission of arbitral disputes to non-State rules. A form of a-territoriality...
The Extraterritoriality of Laws in International Arbitration – Vol. 29 ...
...of EU law, and non-discrimination on the basis of nationality set forth in the EU treaties. The debate on the matter is therefore still very much open and it will...
The Arbitrability of Disputes Arising From Intra-EU BITs – Vol. ...
...is uncertain and heavily disputed. As generally understood, it alludes to the need to reconcile economic development with environmental, social, human rights, and other non-economic concerns. It is in this...
Promoting Sustainable Development in BITs: The EU Experience – Vol. ...
Author: Robert Goldscheider** Published: December 1995 Jurisdiction: United States Topics: Intellectual Property Mediation Experts Description: With the rise of intellectual property litigation in the United States — a phenomenon that...
The Employment of Experts in Mediating and Arbitrating Intellectual Property ...
...a host-State can breach even if its conduct is non-discriminatory. The development of FET by investment tribunals is possible in part because FET provisions across investment treaties resemble each other....
Fair and Equitable Treatment as Boilerplate – Vol. 30 No. ...
...(the “actual non-discrimination approach”). […] This article […] seeks to draw deeper comparisons between MFN clauses in the World Trade Organization (“WTO”) and MFN clauses in IIAs. It also considers...