...standards. Furthermore, numerous States have acknowledged the unpredictability and inconsistency of damages awards before the United Nations Commission on International Trade Law Working Group III (ISDS Reform) (“Working Group III”),...
Search Results for : united states
Author: Nicholas Song* Published: August 2009 Jurisdiction: Argentina Topics: Investment Disputes ICSID Washington Convention Description: I. INTRODUCTION The dawn of the 21st century did not augur a bright start to...
Between Scylla and Charybdis: Can a Plea of Necessity Offer ...
...the centuries, including during the unification of Italy in 19th century, to which the United Kingdom provided its support. As of today, despite Brexit, Italy and the United Kingdom remain...
The Recent Amendment of Italy’s Arbitration Law and the Ongoing ...
...from a state’s inaction.[17] Furthermore, unless otherwise provided by treaty, the host state’s failure to protect other investors is irrelevant.[18]Therefore, a non-discrimination argument lacks merits when it merely asserts that...
Potential Arbitration Proceedings for Investor-State Disputes Arising in the Aftermath ...
...alia, in more than a dozen new States. All the former republics of the Soviet Union have now become independent States. All of them are now participants in international trade...
Investment Arbitration in Eastern Europe: Recent Cases on Expropriation – ...
...in English, Spanish, and French. The Secretariat then requested comments from States and stakeholders, which were later published on the ICSID website. Finally, state representatives held 3 in-person consultations on...
TagTime with Meg Kinnear – Tracking the Evolution of the ...
...Today to a large extent States allow the participants in arbitration to choose the rules that will govern the procedure, as well as those that govern the merits, without insisting...
Mandatory Rules and International Arbitration – Vol. 23 No. 1
...of enforcement of judgements ordering Russia to compensate the war-related damages are still uncertain. Sovereign immunity, which protects states from such claims, as well as the attachment and seizure of...
How Can Ukrainian Judgments Recovering War-Related Damages From Russia Be ...
...is governed by the Convention on the Settlement of Investment Disputes Between States and Nationals of Other States (“ICSID Convention”) and the Convention on the Recognition and Enforcement of Foreign...
State Immunity From Execution in the Collection of Awards Rendered ...
...litigation – including expensive discovery, motion practice and tactical delaying stratagems – as practiced especially in the United States. One commentator has observed that “[b]y the beginning of the twenty-first...
Great Expectations: Meeting the Challenge of a New Arbitration Paradigm ...
...which helps to “keep the wheels turning.” It is therefore no surprise that institutional arbitral immunity is recognized by various pro-arbitration jurisdictions, including the United States. A. What’s the Worry?...
Time to Tackle the Elephant In the Room? Repeating the ...
...provide “overlapping coverage” over non-domestic arbitral awards rendered in the United States, to the extent the two chapters do not conflict. Some courts interpreting this “overlapping coverage” have taken it...