...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...
Search Results for : united states
...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: ...
...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 ...
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: ...
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
...states courts as well as arbitral proceedings.[28] Such observation is shared by an Illinois federal court in Legaspy v. FINRA, the first U.S. court case addressing remote hearings: the applicant’s...
Is it appropriate to conduct a remote hearing under the ...
...enforcement of awards made in Belgium. Since Belgium is a party to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards of June 10, 1958 (New...
International Commercial Arbitration in Belgium – Vol. 1 No. 1
...(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...
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...judicial activism – by indulging in fact-finding, eventually invalidating the award on the ground of patent illegality. Notably, countries like Singapore and the United Kingdom – though originally following the...
A Supreme Blow to Finality of Arbitral Awards and India’s ...
...anti-suit injunction internationally and comity considerations (Section IV); e. the effects of such anti-suit injunctions before the courts of E.U. Member States under E.U. law, both currently (Section V), and...