...information may be leaked through data breaches during state-to-state disputes or during investment treaty arbitration against states. The increased reliance on Zoom and virtual platforms in the wake of Covid-19...
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Author: Kabir Duggal* Published: November 2017 Jurisdiction: International Topics: Categories of Disputes Investment Disputes States as Parties Practice and Procedure Evidence Experts Arbitrators and Arbitral Tribunals Discovery Other International Institutions...
Evidentiary Principles in Investor-State Arbitration – Vol. 28 No. 1
...an arbitral tribunal domiciled in one of the states just indicated. Finally, a combination of two or three of these options — by way, for example, of a “pre-arb,” “med-arb,”...
The Choice Between Forum Selection, Mediation and Arbitration Clauses: European ...
...Federal Arbitration Act (“FAA”) itself expressly states: “The court shall confirm the award unless it finds one of the grounds for refusal or deferral of recognition or enforcement of the...
Lack of Jurisdiction and Forum Non Conveniens as Defenses to ...
Authors: Rishab Gupta* and Shreya Jain** Published: February 2022 Jurisdictions: India Topics: ISDS ICSID Investment Disputes States as Parties Over the last decade, the global outlook towards investment treaties has...
Prabhash Ranjan, India and Bilateral Investment Treaties: Refusal, Acceptance, Backlash ...
...promoters of invasive process reform: the EU. In the latest episode of the Achmea saga, the EU and its Member States have declared their intent to instigate judicial decisions that...
Columbia Arbitration Day 2020 Keynote Address: Uncanny: Investment Arbitration’s Three ...
...permission. The Court relied on Sec. 32 of the Indian Contract Act, which states “Contingent contracts… cannot be enforced by law unless and until that [Contingent] event has happened”, to...
The Indian Supreme Court’s Judgment in NAFED v. Alimenta S.A.: ...
Authors: Ylli Dautaj* and Maxime Chevalier** Published: February 2022 Jurisdictions: International Topics: Recognition, Enforcement, and Execution ICSID Sovereign Immunity States as Parties ABSTRACT This article analyzes the interaction and intersection...
A Liberal Push and The Sovereign Pull: Recognition, Enforcement, and ...
...establish expected treatment by a State and damages for breach, while States may invoke noncompliance with human rights law to justify or mitigate their treatment of investors.[3] Where subject matter...
The Evolving Role of Human Rights in International Arbitration
...Resolution Section. Nicholas Smith was a member of this Section’s legal staff. The views expressed in this article are not necessarily those of WIPO or any of its Member States....
The UDRP: Design Elements of an Effective ADR Mechanism – ...
...he was Director of the International Practice Department at Rusal Global Management B.V. in Moscow, responsible for the corporate group’s major litigations and arbitrations outside the Commonwealth of Independent States....
Russia Report: The Enforcement of Foreign Arbitral Awards in 2017 ...
...the ICSID Convention? This article answers these questions and gives some hints to both investors and states involved in investment arbitration. Download Full PDF *D.E.A., Université Panthéon-Assis (Paris II); LL.M.,...