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Persistent link: https://www.econbiz.de/10012814022
(partly) answer investment law's legitimacy crisis by influencing changes in arbitral reasoning so that investment arbitration …-known disagreements persist over the relevant audience for investment arbitration, the task of building widely-perceived legitimacy …
Persistent link: https://www.econbiz.de/10012973113
and later make payments. No doubt, this in most cases necessitated contract or agreement which may be written or oral …
Persistent link: https://www.econbiz.de/10012974839
The proper constitution of an Arbitral Tribunal will determine the validity and enforceability of an award. This paper deals with the different problematics that multi arbitrator tribunals, in specific those panels formed under the scheme of party appointed arbitrators can face during the...
Persistent link: https://www.econbiz.de/10013036880
Arbitrators in investment treaty arbitration have not been reluctant to express their views on the access to … international arbitration, provided for in dispute settlement clauses in investment treaties, as forming a part of substantive … arbitration as a substantive right of investors amounts to law-making, effected by requalifying procedural rules as substantive …
Persistent link: https://www.econbiz.de/10012988183
Persistent link: https://www.econbiz.de/10012993179
Despite the non-binding nature of investment arbitration decisions beyond the circle of disputing-parties, arbitration … tribunals rely on earlier decisions ‘whenever they can'. However, arbitration practice shows that opinions diverge when it comes … to deciding how much influence those earlier arbitration decisions should exert. These diverging opinions result from …
Persistent link: https://www.econbiz.de/10013027159
This article examines the NASD's proposal to change its Code of Arbitration Procedure to require NASD arbitrators to … the arbitration process …
Persistent link: https://www.econbiz.de/10013027727
arbitration clause and party autonomy. This article, deals with this issue of powers of international (financial) arbitrators and … transnational commercial an financial legal order ityself, merely activated by the arbitration clause but are not founded therein …
Persistent link: https://www.econbiz.de/10013033657
adjudication. This article established that Arbitration is the solution for efficient resolution of commercial disputes in the … banking industry, and as such, there is a need to refer all banking disputes to Arbitration for cheaper, faster, efficient …
Persistent link: https://www.econbiz.de/10012943960