Author: IY Joseph Cho* Jurisdictions: Republic of Korea Democratic People’s Republic of Korea The United Nations Topics: Enforcement of Arbitral Awards The New York Convention Mandatory Rules ...
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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 ...
...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. ...
Author: Marcus S. Jacobs* Published: June 1991 Jurisdiction: Australia Topics: Contractual Expansion or Limitation of Judicial Review Description: Australia is a federal state comprised of six states and two territories,...
Judicial Review of Awards Under Australia’s Model Uniform Law – ...
...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 – ...
...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...
Mandatory Rules Of Law And Investment Arbitration – Vol. 18 ...
...Disputes between States and Nationals of other States, art. 45, Oct. 17, 1966, 575 U.N.T.S. 159. [14] South China Sea Arbitration (Phil. v. China), Case No. 2013-19, Award on Jurisdiction...
TagTime with Judith Levine – Arbitration in Absentia: How to ...
...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 ...
...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 ...
...language is ambiguous, often leading States to invoke doctrines like the “clean hands” doctrine[9] to prevent dirty-handed investors from benefiting from the treaty (e.g., Glencore Finance (Bermuda) Limited v. Plurinational...