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2020
Abstract This chapter focuses on the determination of the law applicable to the substance of disputes submitted to arbitration under the ICSID Convention. The provisions of the Convention on the topic are in Article 42. In requiring the tribunal to decide the dispute ‘in accordance with such rules as may be agreed by the parties’, the ...
exaly +6 more sources
Abstract This chapter focuses on the determination of the law applicable to the substance of disputes submitted to arbitration under the ICSID Convention. The provisions of the Convention on the topic are in Article 42. In requiring the tribunal to decide the dispute ‘in accordance with such rules as may be agreed by the parties’, the ...
exaly +6 more sources
2022
Article 7 EIR deals with the law applicable to insolvency proceedings and their effects in the Member State within the territory of which such proceedings are opened. It refers to the law of the State of the opening of proceedings that determines the conditions for the opening, conduct, and closure of those proceedings.
Waibel, Michael, Kupelyants, Hayk
+5 more sources
Article 7 EIR deals with the law applicable to insolvency proceedings and their effects in the Member State within the territory of which such proceedings are opened. It refers to the law of the State of the opening of proceedings that determines the conditions for the opening, conduct, and closure of those proceedings.
Waibel, Michael, Kupelyants, Hayk
+5 more sources
2022
Abstract This chapter covers the applicable laws imposed by arbitral tribunals for the process of international arbitration. It explains that law governs the contracts conducted in line with international arbitration. Moreover, arbitration is regulated by specific rules of procedure agreed upon by the law of the arbitration place ...
Nigel Blackaby +2 more
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Abstract This chapter covers the applicable laws imposed by arbitral tribunals for the process of international arbitration. It explains that law governs the contracts conducted in line with international arbitration. Moreover, arbitration is regulated by specific rules of procedure agreed upon by the law of the arbitration place ...
Nigel Blackaby +2 more
openaire +1 more source
2019
Abstract This chapter considers the laws that are applicable to expropriation in investment treaty arbitration, including international law. It begins with a discussion of the local law of the host State on expropriation, which offers constitutional protections with regard to property rights, the circumstances in which expropriation is ...
Mark Brealey, Kyla George
+4 more sources
Abstract This chapter considers the laws that are applicable to expropriation in investment treaty arbitration, including international law. It begins with a discussion of the local law of the host State on expropriation, which offers constitutional protections with regard to property rights, the circumstances in which expropriation is ...
Mark Brealey, Kyla George
+4 more sources
2022
Abstract This chapter explains which laws should a jurisdiction court apply in particular circumstances amidst cross-border proceedings. It also notes the general rule and application in applying the law of another Member State while also covering the exceptions, rationales, and commonalities of the law governing insolvency proceedings ...
openaire +1 more source
Abstract This chapter explains which laws should a jurisdiction court apply in particular circumstances amidst cross-border proceedings. It also notes the general rule and application in applying the law of another Member State while also covering the exceptions, rationales, and commonalities of the law governing insolvency proceedings ...
openaire +1 more source
2015
Abstract This chapter analyses the different applicable laws that govern international arbitration. International arbitration, unlike its domestic counterpart, usually involves more than one system of law or of legal rules. It identifies five different systems of law that may have a bearing on an international arbitration in practice ...
Nigel Blackaby +3 more
openaire +1 more source
Abstract This chapter analyses the different applicable laws that govern international arbitration. International arbitration, unlike its domestic counterpart, usually involves more than one system of law or of legal rules. It identifies five different systems of law that may have a bearing on an international arbitration in practice ...
Nigel Blackaby +3 more
openaire +1 more source
2012
Abstract This chapter analyses the development of the relationship between different systems and rules of law as the applicable law of an investment dispute. Section 1 identifies some aspects of the procedural framework in which arbitral tribunals find themselves, notably the jura novit curia principle.
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Abstract This chapter analyses the development of the relationship between different systems and rules of law as the applicable law of an investment dispute. Section 1 identifies some aspects of the procedural framework in which arbitral tribunals find themselves, notably the jura novit curia principle.
openaire +1 more source