…its relevant parts as follows: “Nothing in this Agreement shall be construed: […] (b) to preclude a Party from applying measures that it considers necessary for the fulfillment of its…
…party acquiesced in such act. In this circumstance, the conduct of the party will be relevant for the interpretation of treaty provisions because it establishes the agreement of the parties…
…This norm was the basis for the discussed decision of the Kammergericht dated 1 June 2023. The case involved a German party and a Russian party who had entered into…
…jurisdiction of the Russian arbitrazh courts, it was sufficient for the Russian party to express its intention unilaterally. The court also noted that: first, the defendants are German companies, and…
…arbitration. In this model, arbitration with state entities is always contract-based and, thus, categorized as commercial. The Brazilian state, as a contracting party, is subject to the rules stipulated in…
…of autonomy from the government,” as a corporation which “can acquire property, sign contracts and be party to litigation in its own name” (M.497); this is additionally “reflected in the…
…waiting for the request for service to be denied, in cases involving a sanctioned Russian party? Although Russian courts quite consistently refuse requests for service under the Hague Convention, their…
…arbitration, seek to encourage an amicable settlement” (unless any party objects thereto; the importance of amicable settlement is also evident from the fact that the “tribunal’s contribution to encouraging an…
…Goals of the UN 2030 Agenda (Article 28(2)). The SIFA further records the Parties’ mutual recognition of the importance of combating climate change and states that each party shall implement…
…was rendered. Furthermore, when several years have elapsed between the issuance of the award and subsequent comments made by an arbitrator that imply bias against a party or a community,…
…party (e.g. false statements, forged documents, procedural fraud, etc.) but also when the requesting party later discovers (without any fault of that party) a new document which would have secured…
…generative artificial intelligence models via the Azure Cloud, may have inadvertently exposed confidential and/or attorney-client privileged information to third–party review by missing a terms-of-use loophole. Against this backdrop, the new…
…2004, a party is duty bound to disclose relationships that would lead to potential conflicts of interest such as a relationship between the arbitrator and the party, its group company,…
…of South Australia (here and here), by reference to Pascale’s contributory negligence brought about by the alleged negligence of a third party in assisting Pascale to prepare its tender. The…
…given that claimant Zeph’s submission focused exclusively on “Josh Wilson, [Member of Parliament for the governing] Labor Party, and Chair of the Australian Parliament’s Joint Standing Committee on Treaties [“JSCOT”]”,…
…by the Supreme Court of Justice or the Council of State. Upon recognition, the interested party may take it for enforcement before the civil or administrative courts of the competent…
…in Austria deserve close examination. Facts of the Case The party requesting the setting aside of the arbitral award was a limited partnership (Kommanditgesellschaft) under Austrian law (the “Applicant”)….
…the English Arbitration Act 1996. Another controversial case that was discussed was the decision of an arbitral tribunal to deny one party the opportunity to cross-examine the other party’s witnesses…
…also be available by treaty party agreement (State-State), thus opening a new route to their application that circumvents the consent of the investor disputing party. There is a clear contrast…
…able to discern these signals in one-on-one interactions, it becomes challenging to process the signals from multiple individuals in larger arbitration settings with teams of lawyers and party representatives. An…
…2017 (the “Act”), “a party who wishes to challenge an arbitrator shall send the arbitral tribunal a statement of the grounds for the challenge within fifteen days of becoming aware…
…the recognition and enforcement of a judgement is sought. If the person in question was habitually resident in the State at the time when they became a party to the…
…concerns. Moreover, parties can avoid selecting seats and governing laws of “riskier” jurisdictions – although there is only so much a party can do about likely places of enforcement, which…
The advantages of exclusive jurisdiction agreements (“EJAs”) are well known; chiefly, that of knowing where a party can sue and be sued. In Brazil, EJAs are widely used in both…
