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Generally speaking, each individual jurisdiction has adopted its own approach concerning the rules on the determination of the governing law applicable in proceedings in international matters. In the international practice, arbitral panels usually distinguish four relatively autonomous areas...
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In explaining the concept of centre of main interests (COMI) within the UK Cross-Border Insolvency Regulations 2006 (CBIR), the Englush court in Re Stanford International Bank over-emphasised third-party ascertainability due to an apparent lack of appreciation of the different functions...
Persistent link: https://www.econbiz.de/10013155207
In 2016 and 2017, states continued their engagement with international investment law. A small minority of states displayed scepticism or tried to disengage themselves from their investment law obligations. This chapter addresses select institutional developments in international investment law...
Persistent link: https://www.econbiz.de/10012841950
On May 14, 2018, the United States Supreme Court struck down the federal prohibition on sports gambling. The sweeping opinion, authored by Justice Alito, ended more than a quarter-century old policy that kept states from offering sports gambling and therefore, sports betting was confined almost...
Persistent link: https://www.econbiz.de/10012898047
This paper deals with the question of the determination of the applicable law in international commercial arbitration. In particular, it focuses on the determination of the substantive law governing the legal relationship of the parties, as the law which needs to be distinguished from the law...
Persistent link: https://www.econbiz.de/10013013907
Over the years, the substantive content of international investment agreements (IIAs) has shifted to reflect political change and to respond to lessons learnt in investor-state dispute settlement (ISDS). With a focus on eight IIAs, selected with a view to geographical representativeness, this...
Persistent link: https://www.econbiz.de/10012850942
International investment law is undergoing a time of reflection, review and revision. Increasing dissatisfaction with the functioning of the current system that governs the protection of international investment and the wish to ensure that investment is channelled towards sustainable development...
Persistent link: https://www.econbiz.de/10012855101
It is a well-established fact that universities in the United States are examining processes of expanding into the international market by attracting students from all over the world. This global strategy by U.S. universities and colleges expands their footprint, increases partnerships with...
Persistent link: https://www.econbiz.de/10013016672
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