Results 31 to 40 of about 78,555 (231)

Fork in the Road Clause in International Trade Arbitration Practice by focusing on ICSID Verdicts [PDF]

open access: yesFaṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī, 2019
In many bilateral investment treaties, the investor is allowed to submit its claim to domestic courts, arbitration or any other agreed tribunals. Offering different options to the investor for the method of dispute resolution could lead to some problems,
ALIREZA ebrahimgol, mahdi haghighian
doaj   +1 more source

The Law Applicable to the Interpretation of Arbitration Agreements Revisited

open access: yesUniversity of Vienna Law Review, 2021
The question of the law applicable to the substantive validity of the arbitration agreement is one of the most disputed issues in international arbitration.
Katharina Plavec
doaj   +1 more source

Arbitration clause for an arbitral tribunal in Poland based on Art. 33 CMR Convention

open access: yesOpolskie Studia Administracyjno-Prawne, 2020
In matters that are subject to the CMR Convention, under the rule of Art. 33 of this Convention, the arbitration court is obliged, first, to apply the CMR Convention and it is not permissible to apply, in place of the scope of the CMR Convention, another
Rafał Adamus
doaj   +1 more source

DISREGARD OF LEGAL ENTITY AND ARBITRATION: AN ANALYSIS OF THE EXTENSION OF THE ARBITRATION CLAUSE TO NON-SIGNATORY PARTIES

open access: yesRevista Eletrônica de Direito Processual, 2021
This study aims to analyze the applicability of the disregard of legal entity in arbitration, based on theories regarding the extension of the arbitration clause to nonsignatory parties.
João Victor Carloni de Carvalho
doaj   +1 more source

Authority of United States Bankruptcy Courts to Stay International Arbitral Proceedings [PDF]

open access: yes, 1987
Part I analyzes the decision of a U.S. bankruptcy court in Springer Penguin that stayed an international arbitration proceeding. Part II examines the Tribunal\u27s denial of the stay in the Behring award.
Massoff, Melinda J.
core   +1 more source

De‐Dollarization Is a Plausible Outcome of the New Washington Consensus

open access: yesGlobal Policy, EarlyView.
ABSTRACT A trend towards de‐dollarization of the global economy in which the US dollar ceases to be used as the world's reserve currency for international transactions confronts some of the existing structures of international economic law, built upon the rules set out by US‐led organizations like the WTO, the IMF, and the World Bank. This article will
David Collins
wiley   +1 more source

AT&T Mobility and FAA Over-Preemption [PDF]

open access: yes, 2012
The Supreme Court\u27s recent arbitration law decisions reflect the Court\u27s strong support for arbitration agreements, but also severely limit the states’ powers to police the fairness of arbitration.
Gross, Jill I
core   +1 more source

Reforming International Investment Treaty Practice: Comparing Policy Innovation in Australia and Uruguay

open access: yesGlobal Policy, EarlyView.
ABSTRACT The Philip Morris lawsuits against Australia and Uruguay in the early 2010s highlighted the need to reform international investment agreement (IIA) practices to ensure that governments do not give up their regulatory autonomy for foreign investment. We undertook a policy analysis to reveal how interests, ideas and institutions shaped reform in
Dori Patay   +3 more
wiley   +1 more source

Arbitral Clauses / Some Comparative Observations [PDF]

open access: yes, 1983
On 1 September 1981 the local court (kantongerecht) of Alphen aan den Rijn decided on a case in which a contracting party, a commercial enterprise, invoked an arbitral clause in order to prevent the court from deciding the case on its merits. In accordance with Dutch case law, the defendant’s reliance on the arbitral clause was allowed and plaintiffs ...
openaire   +2 more sources

Peran Notaris di dalam Pembuatan Akta yang Memuat Klausa Arbitrase dan Implikasi Hukumnya [PDF]

open access: yes, 2016
Notary has a strategic role to provide legal counseling related to the agreement including dispute resolution method. The method used is a normative legal research method, which aims to examine the role of the notary making of the arbitration clause ...
Caturhutomo, F. (Farizal)
core  

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