...the model of the one India inserted into section 2(2) of its own Arbitration and Conciliation Act, could read: “Provided that no objection to the recognition or enforcement of a...
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...onus is on states to ensure compliance with human rights by private actors. Not doing so constitutes a breach of their IHRL obligations. This creates a situation of competing obligations,...
Systemic Integration: Resolving the Dichotomy of Competing Obligations in International ...
...to point out a variety of general deficiencies or irregularities of the underlying agreement or legal relationship, such as lack or defect of consent, mistake, payment of the obligation, lack...
Reviewing Colombian Supreme Court Judgments on International Arbitral Awards
...orders. Troy Elder has observed that “a meaningful enforcement” of an award granting specific performance would require, “conscripting one or more foreign courts to supervise the implementation of the arbitrator’s...
Specific Relief in International Arbitration
...during their testimony, and officers of the Tribunal, to attend or observe all or part of the hearings.”[24] The ICSID Rules state that the award will only be published with...
Confidentiality in International Commercial Arbitration: Determining Factor for Safeguarding the ...
...Court to elaborate extensively on the general applicability of the dispute settlement mechanism established by Art. 26 ECT to intra-EU disputes.[11] Because of Belgium’s request for an opinion on the...
Lights Out for the Energy Charter Treaty? The ECJ’s Next ...
...China’s position on every issue (which China had often made public) in order to lessen Philippines’ expressed anxiety about the need to “second-guess” China’s counter-arguments to its claims.[18] In order...
TagTime with Judith Levine – Arbitration in Absentia: How to ...
...of mind, but rather ascertaining what the possible realities of the subject matter of the order may have been. Indeed, the questions to be addressed are as such: who are...
Third-Party Funding – In Search of a Definition – Vol. ...
...million, prior to the constitution of the Tribunal. In this case, it is open for the parties to apply to the President of the SIAC Court of Arbitration to avoid...
New Year, New Rules: Highlighting 10 Key Features of the ...
...same interest has already run out. Interim relief exists to protect an outcome that is still open. Once the tribunal decides the case, the outcome is no longer open. It...
Should Losing Parties in India Receive Post-Award Interim Relief
...Mediação da Câmara do Comércio Brazil Canadá (CAM-CCBC), in São Paulo; Câmara de Conciliação e Mediação e Arbitragem (CIESP-FIESP), in São Paulo; Câmara de Arbitragem do Mercado (CAM); in São...
The Brazil-Nigeria Samba: From Partners in Business to Parties in ...
...arbitration’s importance will continue to grow. CICIA plans to make its own distinct contribution to the field, and to the development of more effective methods of resolving international disputes and...