...the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention” or the “Convention”) was designed to put an end to the ubiquitous distrust...
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...The Act does not have any provision for the challenge of the arbitrator under section 11(6) of the Act. The section clearly states that only upon failure to comply with...
Single-Party Arbitrator Nomination as a Ground of Annulment in India
...Arbitration. His academic interests include international law, cross-border dispute resolution, and arbitration. This fall, he is completing an externship with the Permanent Mission of Ecuador to the United Nations. He...
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...Anti-suit injunctions clearly have a long reach and a heavy hand. Nonetheless, tribunals established under the Convention on the Settlement of Investment Disputes between States and Nationals of Other States...
A Multi-Factor Test for Anti-suit Injunctions in ICSID Arbitration – ...
...state, or by awarding the damages to the parent companies outside the host state’s territory. The next section will discuss the taxation of awards by investors’ home states (III). Within...
Tax Gross-up in Investment Treaty Arbitration: Legitimate Concern or a ...
...the ensuing effect of justifying wrongful international acts. The result is that Article 25 is a provision the availability of which to States seems very limited, even in extreme circumstances....
New Approaches to the State of Necessity in Customary International ...
...governed by two Conventions: the Vienna Convention on Succession of States in Respect of Treaties (“VCSST”) and the Vienna Convention on Succession of States in Respect of State Property, Archives,...
State Succession and BITs: Challenges for Investment Arbitration – Vol. ...
Authors: Peter Plachy, Peter C. Y. Kim, Vincent Reynaud and Sean Tan Published: December 2018 Jurisdiction: International Topics: New York Convention Investment Disputes States as Parties Third Parties in Arbitral...
Columbia Arbitration Day 2018 – The Way Forward: International Arbitration ...
...under the International Law Commission’s Articles on Responsibility of States for Internationally Wrongful Acts (ARSIWA) (Article 49(3)) that measures taken during the suspension or countermeasure are reversible and allow for...
The ‘Abeyance’ of the Indus Water Treaty: A strategic interpretative ...
...address what litigators trained in the United States call “the internationalization of arbitral procedure.” By this, they mean that what previously took place in U.S. arbitral procedure, in which one...
International Commercial Arbitration: Two Cultures in a State Of Courtship ...
...is largely considered the primary duty and prerogative of the member states to set up national legal systems. This is referred to as the principle of procedural autonomy. This principle,...
Spillovers of European Consumer Law: Validity of Arbitration Agreements and ...
...by States and, aside from jus cogens norms, can be changed by States. Thus, so long as the treaty provisions do not violate a jus cogens norm – an unlikely...