...was never given authority to decide the questions giving rise to his order. In this context, for a court to ask “Should the decision of the arbitrator be enforced?” presumes...
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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 ...
...of particular importance in the selection of a tribunal to resolve disputes that arise out of such investments. The disputes involve on the one hand a State, subject to public...
Recognition and Enforcement of ICSID Awards: The Decision of the ...
...and has only received amendments on two occasions thereafter, in 2009 and 2017. On both occasions, only individual provisions of the Law were amended. Thus, the Law has remained largely...
Chinese Ministry of Justice Proposes Amendments to its Arbitration Law
...trade. In order to achieve its goal of removing tariffs on 90% of goods, the block will have to also overcome a number of non-tariff barriers, including political suspicion, linguistic...
TagTime with Yemi Candide-Johnson SAN – Intra-Africa trade and the ...
...2020), available at https://member-delosdr.org/video-tagtime-meg-kinnear-on-tracking-the-evolution-of-the-icsid-rules/. [2] ICSID Webinar: The Art and Science of a Virtual Hearing (May 4, 2020), available at https://icsid.worldbank.org/resources/multimedia/webinar-art-and-science-virtual-hearing. *This post is part of a series summarising episodes...
TagTime with Meg Kinnear – Tracking the Evolution of the ...
...in the case of Toronto City vs Bernardo,[12] wherein due to the heightened costs of remedial environmental depreciation over the land value, the state authorities offered a sum total of...
Enforcing Arbitral Awards on Expropriation Under the Environmental Magnifying Glass
...and the English language are used, in order to make the DIFC courts accessible to international legal and business professionals. Furthermore, the judges of the DIFC courts (on both the...
A Common-Law Court in an Uncommon Environment: The DIFC Judiciary ...
...maintain public order, or respond to a public health emergency. Suppose the host state’s actions are taken in pursuit of one of the permissible objectives specified in the NPM clause....
Necessity in Investment Arbitration: Boosting the ICSID System’s Legitimacy
...orderly, consistent, and final resolution of disputes, challenging or defending the enforcement of a cross-border mediation agreement is difficult because, unlike an arbitral award, it lacks the designation of a...
Adoptive Arbitration: An Alternative Approach to Enforcing Cross-Border Mediation Settlement ...
...of the arbitral process or to save it from redundancy. For example, the outcome of an arbitration may be affected if one of the parties cannot be restrained from destroying...
Court-Ordered Interim Measures In Aid Of International Commercial Arbitration – ...
...New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. In order to expand their participation in international trade, these countries should consider becoming signatories of the Convention....