...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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...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...
Leniency Agreements and the Standard of Proof in Investor-State Arbitration: ...
...of laws rules which it considers applicable.” The tribunal, unlike a national court, has no lex fori. Nostate’s conflicts rules bind the tribunal. The tribunal must reason its way to...
Dépeçage in International Commercial Arbitration
...treaty-protected investor whose government had escalated the matter diplomatically. Associate Builders states the rule; MPRDC states the stakes. Whether the courts that generate the conduct described in paragraph 74 will...
The Supervisory Court as an Organ of the State: MPRDC ...
...mediating private international investment disputes between states and nationals of other states. The main focus was upon resolving disputes between developing nations as debtors and foreign enterprises, especially contractors. Subsequently,...
Reducing Costs and Inconveniences in International Commercial Arbitration and Other ...
...the person and the arbitrator.[8] Article 7 of the Guidelines states that subject to some exceptions, a party representative should not engage in any ex parte communication with an arbitrator...
TagTime with Cecilia Azar – Conflicts of Interest in International ...
...States and Nationals of Other States in 1966, it was seen as a revolutionary system for conciliation and arbitration of disputes between governments and foreign investors. But history has demonstrated...
The Enforcement of ICSID Awards: Revolutionary or Ineffective? – Vol. ...
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?
...demands of nascent private enterprise and international trade. Former Soviet republics had become independent foreign states; new treaties had to be signed, and new means of resolving cross‑border commercial disputes...
A Survey of Recent Legislation Concerning the Russian Arbitration Court ...
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...
The Expanded Powers of UK Courts in London-Seated Arbitration Agreements: ...
...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 ...
...(Oxford), Principles of Evidence in Public International Law (Brill), and Pro-Arbitration Revisited (Juris)—and more than 500 speaking engagements worldwide. Dr. Duggal also advises the United Nations Office of the High...