...under FDI arbitration constrain States’ exercise of national sovereignty, particularly their regulatory autonomy to enact regulations and design policies to advance these public interests. FDI arbitration is tainted by incoherencies...
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...measures.[19] Article 22.1 states, in pertinent part, that “[u]nless otherwise agreed between the parties, the arbitral tribunal may issue provisional, coercive, and interlocutory measures that may, at the discretion of...
Provisional Measures in Aid of Arbitration in Brazil
...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
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
...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...
Validity of Arbitration Agreements, Court Referral to Arbitration and FAA ...
...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.: ...
...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 ...
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 ...
...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 ...
...advocating any specific practice. It then states the questions we asked of the institutions and summarizes their answers, along with other information obtained from their websites and rules. The report...
Publication of International Arbitration Awards and Decisions – Vol. 25 ...
...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...
TagTime with Catherine Amirfar – Cybersecurity and International Arbitration: A ...
...party to another, as well as the notification of the award under Article 31(4) of the Model Law. The relevant part of Article 3 states: (1) Unless otherwise agreed by...