...is a member of the Libyan, New York, District of Colombia, and the United States Supreme Court Bars and a fellow of the Chartered Institute of Arbitrators. The views expressed...
Search Results for : united states
Author: Joseph R. Brubaker Published: December 2007 Jurisdiction: United States Topics: Categories of Disputes Commercial Disputes Arbitrability Investment Disputes Applicable Law Lex Mercatoria Arbitral Process Enforcement of Arbitral Awards Enforceability...
Thomas E. Carbonneau, The Law And Practice Of Arbitration* – ...
...jurisprudence where states are seeking to rely on human rights standards to justify measures taken[13] and where states seek to apply human rights standards to investors.[14] It is not sufficient...
Columbia Arbitration Day 2020
Author: Hans Smit* Published: May 2005 Jurisdiction: United States Topics: Court Decisions Contractual Expansion or Limitation of Judicial Review Review on the Merits Enforcement of Arbitral Awards New York Convention...
Manifest Disregard of the Law in the New York Supreme ...
Author: Esther Loh* Jurisdictions: New York United States Topics: Procedure and Grounds for Setting Aside Jurisdiction and Powers of the Courts in Matters of Arbitration Generally In September 2019, the...
Manifest Disregard: A Legitimate Ground for Vacating International Awards Rendered ...
Author: Daniel J. Rothstein* Published: April 2009 Jurisdiction: United States Topics: Discovery Evidence Description: I. INTRODUCTION Since at least 1989, courts and commentators have debated whether 28 U.S.C. § 1782,...
A Proposal to Clarify U.S. Law on Judicial Assistance in ...
...that time would constitute an abuse of right.[14] Such a phenomenon of treaty shopping has been gaining attention and complaints, especially from host states, and invites states to consider a...
TagTime with Alvin Yeo SC – Indirect Investments in Investor-State ...
...State’s environmental standards, in principle, enables counterclaims raised by States for breaching national measures.[30] In comparison, the EU-China CAI provides a state-to-state dispute settlement (SSDS) mechanism in Section V, as...
The EU-China Comprehensive Agreement on Investments – Promoting Sustainable Business ...
...remains.”[9] In the case of Tecnicas Medioambientales Tecmed S.A, vs. The United Mexican States[10], a contradictory view was taken to that of the Costa Rica case[11] wherein the contravention of...
Enforcing Arbitral Awards on Expropriation Under the Environmental Magnifying Glass
...instrument of choice. — When 52 American hostages were detained at the U.S. embassy in Tehran, some $12 billion of Iranian assets in the United States and at American banks...
International Arbitration: Scapegoat or Solution – Vol. 13 No. 1-4
...major inroads into this assumption.) Though the public law/private law divide has much less traction in the United States than elsewhere, constitutional law is nevertheless the proverbial public law field....
Peter B. Rutledge, Arbitration and the Constitution* – Vol. 24 No. ...
Author: Kirsten Weisenberger** Published: July 2007 Jurisdiction: United States Topics: Enforceability of Arbitration Agreements Separability FAA Description: The Supreme Court handed down a modest five-page decision in Buckeye Check Cashing...