...or rather the non-application, of the doctrine of res judicata or any other kind of third-party effect of an arbitral award in the context of international arbitration. The danger of...
Search Results for : non-signatories
...Highly exploitative working conditions on fishing fleets, vessels, ships (modern slavery); Physical violence and other degrading or inhumane treatment; Human trafficking; Non-assistance to distressed ships and refusal of entry to...
TagTime with Dr. Yas Banifatemi – Arbitration as a means ...
...that in civil litigation: namely, shopping around for a suitable jurisdiction and venue, or seat, in a contractual or non-contractual situation in which, potentially, more than one option legitimately exists,...
Arbitral Forum Shopping: Observations on Recent Developments in International Commercial ...
...the final award would mean that parties remain unaffected by unforeseen and undesired local procedural law, and do not face the risk that non-compliance with such law would render their...
Delocalization of International Commercial Arbitration: Its Relevance in the New ...
...strictly controls the circumstances in which a national court of a Contracting State may refuse to enforce an arbitral award resulting from a non-domestic arbitration proceeding. The Convention in effect...
Circumvention of New York Convention Requirements Through Application of Domestic ...
...Article V(1) defense under the New York Convention ought to have no preclusive effect in another forum. Such a position encourages forum shopping and asset relocation. And it encourages non-payment...
The Lesser Evil: How and Why Litigation Over Arbitration Awards ...
...Streamlined Procedure, the President has the specific power to determine otherwise; nonetheless, the Rules expressly provide that it will take precedence over any inconsistent term in the arbitration agreement.[24] The...
New Year, New Rules: Highlighting 10 Key Features of the ...
...minimal at best and non-existent at worst. Download Full PDF *Associate Professor of Law, University of Missouri; Senior Fellow, Center for the Study of Dispute Resolution. Ph.D. (law), University of...
Research In International Commercial Arbitration: Special Skills, Special Sources – ...
...Personal and Non-Personal Data: What Lessons from Recent Developments in Europe? Jacques de Werra The “Public Policy” Exception under the New York Convention: The English Law Approach to Allegations of...
Volume 30: Issue 2 (March 2020)
...reflect customary law. Other practices are embodied in the pronouncements of non-state actors interested in international arbitration, and their authority is more clearly a matter of customary, rather than positive,...
Customary International Arbitration Law – Vol. 24 No. 2
...be open to the public.[38] Non-parties may also submit amicus curiae briefs under Article 19(2) of Section V. This article will enhance the enforcement of the Parties’ sustainability commitments through...
The EU-China Comprehensive Agreement on Investments – Promoting Sustainable Business ...
Articles “Equity” Arbitration in England The Rt. Hon. Sir Michael Kerr The Majority Vote of an International Arbitral Tribunal Stephen M. Schwebel The Center for Public Resources Rules for Non-Administered...