...Court of Justice (“ECJ”) rendered its Achmea decision in 2018.[1] There, the ECJ found the dispute settlement provisions in a bilateral investment treaty between the Netherlands and the Slovak Republic...
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...an international center offering mediation, arbitration and other services for the resolution of international commercial disputes involving intellectual property. For parties wishing to arbitrate their intellectual property disputes, the Center...
General Commentary on the WIPO Arbitration Rules, Recommended Clauses, General ...
Articles The Arbitrability Question Itself Alan Scott Rau The Santa Elena Case: Two Steps Forward, Three Steps Back Kenneth I. Juster Final Offer Arbitration: A Model for Dispute Resolution in...
Volume 10: Issue 3 (September 1999)
...services as counselors, advocates, arbitrators and institutional arbitration providers. The author was recently invited to offer reflections on the future of business-to-business arbitration to the College of Commercial Arbitrators, an...
Reflections on the State and Future of Commercial Arbitration: Challenges, ...
...that, in his view, could bind the parties to the arbitration agreement, he overlooks the possibility that the law governing the arbitration agreement may offer another principle or doctrine that...
Which Law Applies When Determining Whether a Non-Signatory is Bound ...
...BAA offers guidance on a number of stages of an arbitral proceeding, it does not require arbitral proceedings to be confidential. Regardless, parties usually include a provision on confidentiality in...
The Brazil-Nigeria Samba: From Partners in Business to Parties in ...
...the Farm on International Arbitration: Is It Time to Offer an Appeal? William H. Knull, III and Noah D. Rubins Breach of Confidentiality as a Ground for Avoidance of the...
Volume 11: Issue 4 (October 2000)
...empirical research in international arbitration is that data is scarce. By definition, there is almost no data available on ad hoc arbitration. For institutional arbitration, although some arbitral institutions offer...
Is the End Nigh Again? An Empirical Assessment of the ...
...instance, in common-law systems the minimum requirements for the formation of a contract are offer, acceptance, and consideration. Attendant to these basic elements are more nuanced requirements such as the...
Adoptive Arbitration: An Alternative Approach to Enforcing Cross-Border Mediation Settlement ...
...extraneous to the dispute to offer its financial support to a plaintiff to pursue its dispute in a court proceeding with an expected return on its investment. This study is...
Third-Party Funding in the United States: A Systematic Judicial Analysis ...
...of non-U.S. arbitrators. We requested the AAA staff to offer lists of arbitrators that were consistent with its practice in international cases of having arbitrators who were not nationals of...
Memories of Hans Smit the Arbitrator – Vol. 23 No. ...
...frames the legal landscape for the two countries in the field of investment.[34] B. ISDS Clauses in BITs A public offer to arbitrate for foreign investors is not only contained...