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This paper highlights the salient features of the new International Arbitration Act 2008, in force in Mauritius. It … universe of international arbitration …
Persistent link: https://www.econbiz.de/10013117148
possibility of choosing the lex arbitri, as the areas that come into consideration in connection with arbitration. They include … applicable to the assessment of validity and effects of the arbitration agreement. The determination of the law applicable to the … arbitration agreement is by no means an end in itself. If we accept the premise that the validity of the arbitration agreement is …
Persistent link: https://www.econbiz.de/10013081363
When an arbitrator in an institutional arbitration is challenged for lacking independence or impartiality, most of the …, the London Court of International Arbitration has published digests of challenge decisions that have been sanitized, that …
Persistent link: https://www.econbiz.de/10013090588
Extractive industries can bring much-needed jobs to remote locations in developing countries. At the same time, there are too many examples where extractive projects bring environmental degradation and human rights violations. Some research has pointed out that the difference between an...
Persistent link: https://www.econbiz.de/10012844239
International maritime industry constitutes one of the areas in which the resource to arbitration and other ADR devices …. However, international maritime arbitration cannot be approached as a unitary reality as regards those disputes referred to it … regime of arbitration agreements in the specific field of disputes arising out of the use of the ship or the carriage of …
Persistent link: https://www.econbiz.de/10012895873
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The use of arbitration in investor-state dispute settlement (ISDS) enables foreign investors to sue host states for … of commercial arbitration that uphold contract law. When used to resolve disputes between foreign companies it is an … exercise in private international law. Arbitration in ISDS, however, operates at the level of public international law, because …
Persistent link: https://www.econbiz.de/10013225306
In recent years, the age-old practice of parties appointing "their own" arbitrators to tribunals has come under attack by those who claim that party-appointed arbitrators inject bias into a tribunal that is supposed to be impartial. Various empirical studies seem to have confirmed the...
Persistent link: https://www.econbiz.de/10013239831
While there are ongoing the debates on the appropriateness of arbitrators acting as mediators in a pending arbitration … the confidential nature of arbitration proceedings. The problem with anecdotes is that it is difficult to evaluate whether … typically conducted, and the common techniques adopted in facilitating settlement. At a time when arbitration has become too …
Persistent link: https://www.econbiz.de/10013033797