...each other.[5] In Achmea, the dispute arose after Slovakia reversed its liberalization of the health insurance market, prompting Dutch investor Achmea to initiate UNCITRAL arbitration under the Netherlands-Slovakia BIT....
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...core tenet of Kompetenz-Kompetenz. A. Arbitrability of Dispute: What the Courts have held In Fincantieri v. Ministry of Defence of Iraq[4], a contract entered for the sale of military goods...
Imposition of Economic Sanctions: An Embargo on International Commercial Arbitration?
...New York Times article and when you clicked on that link, the image of a joker popped up with the words “Happy April Fool’s Day.” It had been admitted in...
Evidentiary Principles in Investor-State Arbitration – Vol. 28 No. 1
...closest connection test, the closest link of a document or communication to a jurisdiction leads to the applicable law.[16] For the attorney-client relationship this test includes several examples such as...
TagTime with Samaa Haridi – Legal Privilege in International Commercial ...
...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 ...
...BITS IN CENTRAL ASIA? BITs are popular in Central Asia for several reasons: Firstly, Central Asia’s markets form a critical geo-strategic and economic trade hub and transit corridor, linking Asia...
ΠITs in Central Asia: Opportunities and Risks
...direct link of the sanctions to their ability to continue with the arbitration. The Court went on to hold that the introduction of sanctions alone would not be sufficient to...
Arbitration or Sanctions: Who Survives the Battlefield?
...force majeur. The speakers also emphasized the close link between international public policy principles — i.e. l’ordre public, embodied in this case in the security council resolution — and domestic...
Report from Italy: The Gulf Crisis and Contracts under Execution* ...
...Entertainment Network v. W.S.G. Cricket, AIR 2003 SC 1177 (India). [17] Board of Trustees, Port of Kolkata v. Louis Dreyfus Armatures SAS & Ors, 2014 SCC. OnLine Cal. 17695 (India)....
Do Indian Courts have the Power to Grant Anti-Arbitration Injunctions?
...(Referred in case of Jyoti Brothers v. Durga Mining Company, 1956 SCC OnLine Cal 188) upheld optional arbitration clauses only where both parties were clearly bound. Courts demanded explicit language—...
Indiaβs Pathological Arbitration Clauses: Time for a Doctrinal Cure
...American Law Teachers listserv, and the Contracts, Dispute Resolution and Minority Groups listservs of the American Association of Law Schools. Further, I greatly appreciate that the Oil-Gas-Energy-Mining-Infrastructure Dispute Management network...
Articles About Racial Diversity in International Arbitration
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