...countries, both East and West, the Soviet Union, and the non-European members of the Organization for Economic Co-operation and Development (OECD) to commence negotiations which resulted in the adoption of...
Search Results for : non-signatories
Preface Hans Smit Articles Lack of Jurisdiction and Forum Non Conveniens as Defenses to the Enforcement of Foreign Arbitral Awards Int’l Commercial Disputes Comm. of the Ass’n of the Bar...
Volume 15: Issue 3–4 (June 2006)
...even against the tribunal sometimes. There have also been challenges to the international arbitration system from non-direct participants, questioning the privacy and confidentiality of the arbitral process. Unlike courts, the...
Keynote Address: Transparency in International Arbitration: Practical Value or Voyeurism? ...
...legal succession of WCC include their divergent interests (para. 222), the non-bindingness and ultimate irrelevance of the US bankruptcy court’s holding on the tribunal (para. 228), and that WCC’s and...
Unsecured Creditors: How the Westmoreland Arbitrations Have Undermined Type G ...
...A Postscript Hans Smit The Center for Public Resources Rules for Non-Administered Arbitration of International Disputes: A Critical and Comparative Commentary Robert H. Smit and Nicholas J. Shaw Book Reviews...
Volume 8: Issue 3–4 (December 1997)
...types of nonarbitrability rules would be consistent with the Convention’s basic premise that international arbitration agreements will be treated no less favorably than domestic agreements.”[9] THE FERRETTI CASE The issue...
International corporate arbitration: when the arbitration clause in a corporation’s ...
...calls into doubt the very future of arbitration under the ECT within the European Union. The Judgment’s Surprising Focus: Discussing Intra-EU Disputes Absent Any Intra-EU Investments Notably, none of...
Lights Out for the Energy Charter Treaty? The ECJ’s Next ...
...cut the duration of the proceeding by half the length of a non-expedited one.[9] Additional reforms address concerns regarding the legitimacy of the process, including required disclosure of third-party funding,...
ICSID Rules Amendments: Two Major Proposed Reforms and Reactions from ...
...practitioners with a great deal of experience in litigation and commercial arbitration – offer readers something still rare in Brazilian arbitration literature: a deliberately radical, methodologically non‑isolationist – and at...
Book Review – Constitutional Arbitration: When Private Jurisdiction Meets Constitutionalism
...medical privileges, business secrets and many others. The idea behind legal privilege is that the protection of client communications, certain interests, confidentiality or non-disclosure is more important than its disclosure...
TagTime with Samaa Haridi – Legal Privilege in International Commercial ...
...a claimant’s bad faith or improper behavior” would justify an order for posting security for costs.[12] This includes a history of non-compliance with awards on costs, behavior that affects the...
Restating the Exceptional Circumstances that Warrant an Order for Security ...
...develop international investment law in same areas, albeit within the limit of a (formally) non-precedential system of adjudication. The article is structured as follows: section II reviews the main features...