Author: Rayan Bhattacharya* Jurisdiction: United Kingdom Topics: Applicable Law Law Applicable to the Merits INTRODUCTION The absence of an express choice of governing law in international arbitration agreements is not...
Search Results for : united states
...else. International arbitration may become this solution, and this solution may benefit not only victims, but also businesses. During the United Nations Forum on Business and Human Rights (“Forum”), which...
International Arbitration as a Potential Forum for Business-Related Human Rights ...
...concerned takes up the claim on the individual’s behalf. Nation-states, however, possess the authority to grant to individuals the power to advance their own claims before international bodies and one...
Claims by Individuals In International Economic Law: NAFTA Developments – ...
...2. [5] See The United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, June 10, 1958, 84 Stat. 692. The Convention on the Recognition and Enforcement of...
Forum Shopping: The One Belt One Road Initiative
...hand, judgment in SMS Tea Estates[2] held that at the pre-reference stage in an application under Section 11, the Court could adjudicate on threshold issues, such as whether the claim...
Setting the Clock Back: Judicial Interference in the Appointment of ...
...1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards). The USSR ratified the Convention in 1960, and in 1991, after the collapse of the USSR, Russia...
The Scope of the Public Policy Exception to the Recognition ...
...countries of operations (the “Assessment”). The countries covered by the Assessment include the members of the Commonwealth of Independent States and Mongolia (the “States”). Arbitration is commonly regarded as a...
International Commercial Arbitration In The CIS And Mongolia* – Vol. ...
...the world’s oldest arbitral institution. It is an intergovernmental organization founded at the First Hague Peace Conference held in 1899 at the initiative of Czar Nicholas II of Russia. States...
Balancing Private Equity Rights and Public Order in Investor-State Arbitration: ...
...Claimant’s position that the essence of the underlying dispute warrants privacy. Sanctions are used by States as a tool for foreign policy or national security purposes, often involving issues such...
Columbia Arbitration Day 2021 — Confidentiality, Transparency, and In-Person Hearings: ...
Authors: Cesar Pereira C.Arb FCiarb*, Leonardo F. Souza-McMurtrie**, Lorenzo Galan*** Topics: Applicable Law International Character of Dispute Contract Interpretation Commercial Disputes States as Parties International Litigation Introduction The 2024-2025...
Government Contracts and the CISG: Frenemies?
...the United Kingdom, New York, and Paris have similar principles as the Model Law but do not incorporate the Model Law. For other jurisdictions that adopted the Model Law, there...
A Case for Diversity in the Seat of Arbitration
Author: Abdallah Abuelfutuh Ali Published: October 2021 Jurisdictions: International Topics: National Legislation Stabilization Clauses Investor-State Dispute Settlement (ISDS) States as Parties ABSTRACT The current study examines the validity of traditional...