...participants should be public knowledge. Lawyers enjoy the opportunity for publicity, especially where information can be obtained which can be used against an opponent in negotiations or witness examinations, or...
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...shopping, beneficial owners or shareholders can effectively choose the nationality of their investor-corporation in order to access a specific BIT. This gap renders state consent to arbitration meaningless, thereby amplifying...
The New Political Risk Insurance: An End to Corporate Nationality ...
...to order arbitration if a party fails to honor an agreement to arbitrate. Chapter 2 of the FAA serves to implement the United Nations Convention on the Recognition and Enforcement...
International Commercial Arbitration in the United States – Vol. 1 ...
...of arbitration.[8] In line with the aforementioned, Mayer has noted that ‘arbitrators should give effect to mandatory rules of law out of a sense of duty to the continuation and...
The Role of Blocking Regulations in International Arbitration: A Ground ...
...therefore, many discussions of international arbitration seek to bring order to the analysis of particular problems by reference to the “developed” or “universally recognized” view of this or that issue...
Customary International Arbitration Law – Vol. 24 No. 2
...our strategy to make the concept of institutional arbitration simpler and more familiar. In addition to potential users, over the years, CIICA has also engaged with both transactional and dispute...
If You Build It, They Will Come: The Story of ...
...of American courts, which originally was to favor the enforceability of awards. At the same time, the enforceability of these agreements draws support from the policy of the American courts...
Contractual Modification of Judicial Review of Arbitral Awards: The French ...
...it is linked to a system of appeal.” Thus, it is submitted that, in order to ensure the further development of the international dispute resolution system for cross-border investment, its...
Developing the Investment Dispute Resolution System: The Case for Open ...
...in arbitral proceedings by representatives who are diverse by reason of age, disability, gender, professional background, race, religion, sexual orientation, socio-economic background or otherwise. I encourage parties to be...
Championing the Junior Arbitration Advocate: What Can Arbitration Learn ...
...arbitration has emerged in the United States. Called final offer, or last-best offer, arbitration, the dispute resolution procedure limits an arbitrator to choosing the final offer made by one of...
Final Offer Arbitration: A Model for Dispute Resolution in Domestic ...
...a wrong-headed approach to arbitration and to the definition of its relationship to the law and of its role in the legal order. It should also be underscored at the...
“A-Legality” and Arbitration: The German Supreme Court Joins the Fray ...
...attributed the deadliness of a torpedo action to infamous Italian court delays, Italian courts’ refusals to immediately defer to the arbitrators’ determination of competence and the lack of an efficient...