...underlying the judgment in [2025] SGHC(I) 16 can offer an illustration to our discussion. Conducted under the pre-2025 SIAC Rules (which lacked an express Preliminary Determination provision), one party sought...
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...or environmental measures. Accordingly, neither Party should waive or otherwise derogate from, or offer to waive or derogate, such measures as an encouragement for the establishment, acquisition, expansion or retention...
Bridging the Gap Between Investment Arbitrations and Environmental Concerns: Can ...
...by the investor’s acceptance. Rather, the withdrawal of the offers to arbitrate through the Treaty is ineffective, because these offers may only be withdrawn in accordance with the terms the...
Treaty Terminating the Intra-EU BITs: a Game-Changer or … Not?
...Immunity Act but contrasts with the EU’s focus on the nature of acts over territorial links, as seen in Republic of Austria v. Altmann (2004).[1] In terms of arbitration, Article...
China’s Procedural Innovations in State Immunity: A Comprehensive Analysis of ...
...rights. It noted the advantages of such technology to manage cases more efficiently and to offer parties innovative methods to present and display evidence, while at the same time observing...
Artificial Intelligence in International Arbitration: a Rule of Law Perspective
...derivatives can offer guidance to help dispel this common misconception (and other misconceptions). As of now, the codified UNIDROIT principles can also help determine the scope of good faith to...
TagTime with Prof. Dr. Mohamed S. Abdel Wahab – Good ...
...WATNA; — with little, if any, sensitivity to the signals that are sent with every offer and counter-offer; — with no awareness that the one sure way to guarantee that...
Advocacy in Mediation – Vol. 5 No. 1-4
...that, from a procedural perspective, can prolong a dispute, and to offer some practice tips on how to limit these risks. Indemnity Claims and Statute of Limitations Indemnity clauses are...
How to Limit the Risk of Overlong Post-M&A Arbitrations & ...
...in the Philippines-Switzerland BIT or the one in the Romania-U.S. BIT. For example, the Guatemala-Netherlands BIT umbrella clause provides that “[e]ach Contracting Party shall observe any obligation it may have...
Empirics-Based Umbrella Clause Interpretation
...and domestic legislation stipulate that arbitrators must be impartial and independent, one cannot deny that there is a link between the party and the arbitrator it appoints. The key in...
TagTime with Cecilia Azar – Conflicts of Interest in International ...
...authority operates when adispute crosses the divide between the common law and civil law traditions. The European literature on the conflict-of-laws treatment of pauliana offers the only mature body of...
Dépeçage in International Commercial Arbitration
...procedural certainty, including comparatively simpler and less formal rules of evidence promoting authoritative enforceability of the arbitral award, with limited grounds of challenge, is the apposite functional link to a...