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Goods (the CISG) and International Commercial Arbitration, emphasizing the significance of both in promoting transactions in … these issues. The full text of Chapter 10, addressing enforcement of arbitration awards, is provided as an example of the …
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Dispute Resolution Outcomes highlights the problem as well as litigation judgments, arbitration, arbitral awards, enforcement … considered in an arbitration clause.The second chapter The Enforcement of the Mediated Agreement is most importantly a collection …
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This article examines the duty of jurisdictional policing that Salini v. Morocco inferred from the ICSID Convention. According to Salini, ICSID arbitrators must determine whether a dispute arises from an “investment” that satisfies an objective definition of that term, regardless of the...
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The question of standard of review in cases under Sections 34 and 48 of the 1996 Act remains uncertain and courts have not dealt with this issue with any clarity. This, in fact, concerns more with the question of “who” would have the final say over arbitral decisions: whether it is the court...
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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
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 …
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