...course entitled to full reparation. Failure to consider the impact of taxation on the award could arguably result in under or over-compensation. Therefore, is tax gross-up a legitimate claim to...
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...witnesses provide testimony either face-to-face or via video.[9] While the former group received a credibility ranking of 4.30, the digital witnesses only received 3.61 points.[10] Based on his own research,...
Humans v. the Infernal Machine: Cross Examination in Virtual ...
...her undergraduate years, finding it an excellent means to unwind. When not working, Olga can be found doing puzzles or assembling obnoxiously large Lego structures. Head Articles Editor: Zizun (Ziz)...
Our Student Editors
...meetings and break-out rooms. However, there is no mention of software settings, liability in case of breach and other relevant questions. The Seoul Protocol on Video-Conference in International Arbitration (Seoul...
Technology and Arbitration: The Age of Confidentiality Concerns and Due ...
...the true essence of a business arrangement to ascertain the intention of the parties. The Single Judge failed to do so. Further, in a determination of intent, two facts assume...
Amazon v. Future Retail: (Re)Assessing India’s Tryst With the Group ...
...in support of slavery or trafficking of human organs.”). [12] Biloune v. Ghana, Award on Jurisdiction and Liability (Ad hoc Oct. 27, 1989), https://jusmundi.com/en/document/decision/pdf/en-biloune-and-marine-drive-complex-ltd-v-ghana-investments-centre-and-the-government-of-ghana-award-on-jurisdiction-and-liability-friday-27th-october-1989. [13] Cf. Philip Morris Brands Sàrl...
Columbia Arbitration Day 2020
...provides that “[i]n the determination of reparation, account shall be taken of the contribution to the injury by wilful or negligent action or omission of the injured State or any...
The Tik-Tok Ban in India: Remedies Under the ISDS Regime
...protect sensitive information, to maintain trade secrets, to practice asymmetric warfare, and to prevent opposing parties from obtaining damning information and threatening to damage one’s case. Domestic law, to a...
ARIA Report: “Arbitration in Two Worlds: U.S. and Brazilian Perspectives ...
...31(7)(a) of the Arbitration Act allows the arbitral tribunal to award interest to parties on the whole or any part of the period between the date on which the cause...
Pendente Lite Interest and Future Interest Cannot be Awarded by ...
...& J. Ole Jensen, In a ‘First’ Worldwide, Austrian Supreme Court Confirms Arbitral Tribunal’s Power to Hold Remote Hearings Over One Party’s Objection and Rejects Due Process Concerns, http://arbitrationblog.kluwerarbitration.com/2020/10/24/in-a-first-worldwide-austrian-supreme-court-confirms-arbitral-tribunals-power-to-hold-remote-hearings-over-one-partys-objection-and-rejects-due-process-concerns/, Kluwer...
Is it appropriate to conduct a remote hearing under the ...
...to an abuse of the process of law.[73] In order to uphold the foundations of arbitration, a proceeding which prima facie appears to be oppressive or vexatious should be estopped...
Anti-Arbitration Injunctions: The Endless Tussle for Jurisdiction
...Decreto Legislativo 10 ottobre 2022, n. 149 (GU n. 243 del 17-10-2022 – Suppl. Ordinario n. 38) <https://www.normattiva.it/uri-res/N2Ls?urn:nir:stato:decreto.legislativo:2022-10-10;149> accessed 19 December 2022 (“Italian Legislative Decree No.149/2022“). Italian Legislative Decree no...