...the meaning of a clause to evolve over time absent any formal amendments to the treaty—a sort of “living” investment treaty, so to speak. Although there undoubtedly are formidable rule-of-law...
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...ARB/10/19, Decision on Claimants’ proposal for disqualification of one of Respondent’s expert witnesses, and request for inadmissibility of evidence (Aug. 29, 2012), http://icsidfiles.worldbank.org/icsid/ICSIDBLOBS/OnlineAwards/C1181/DC2652_Sp.pdf. [3] Bridgestone Licensing Servs., Inc. and Bridgestone...
Crystalizing Jurisprudence: Assessing An Arbitral Tribunal’s Competence To Exclude A ...
...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...
Determining Arbitral Jurisdiction: Allocation of Tasks Between Courts and Arbitrators ...
...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 ...
...driven by the desperate nature of its economic crisis to adopt the measures it did in order to preserve social order and protect essential state interests and therefore should be...
Between Scylla and Charybdis: Can a Plea of Necessity Offer ...
...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 ...
...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 ...
...to disclose the existence of a third-party funding arrangement. The influence (if any) of a third-party funder over the conduct of an arbitration is therefore invisible to the self-funded party...
Proposed Guidelines for the Disclosure of Third-Party Funding Arrangements in ...
...time limit. Next, I invited the parties’ comments or proposals within three days on co-arbitrators in order to: first, prompt one party that had not proposed a co-arbitrator to make...
Fast-Track Arbitration: An ICC Counsel’s Perspective – Vol. 2 No. ...
...order persons “resid[ing]” or “found” in the United States to give testimony or produce documents or other things “for use in a proceeding in a foreign or international tribunal ....
The Extraterritorial Reach of 28 U.S.C. § 1782 in Aid ...
...definition of covered investment while others don’t. For instance, Article 1(a)(iv) of the India-Jordon BIT, states ‘investment means every kind of asset established or acquired by investors of one Contracting...
The Connection Between a COVID-19 Vaccine, Compulsory Licensing and Potential ...
...rules. However, it may be useful to keep in mind domestic mandatory rules, at least in order to understand better the special category of mandatory rules which are the international...