NZ Renounces ISDS: Deja Vu?
…in residential land. Specifically, the new government proposes to add residential housing to New Zealand’s foreign investment screening regime. Presumably, it is treating residential housing as a new class of…
…in residential land. Specifically, the new government proposes to add residential housing to New Zealand’s foreign investment screening regime. Presumably, it is treating residential housing as a new class of…
…also provide comfort to a party compelled to litigate in a foreign court, perhaps due to a pathological arbitration clause or no arbitration clause at all, that a favorable judgment…
…with provisions on summary dismissal, with the SCC following suit on 01 January 2017, followed by the SIAC once again − in its Investment Arbitration Rules. Thus, the express recognition…
…in international commerce. The Kingdom of Morocco is a good example in which multinational companies regularly insert arbitration provisions in their transaction documents when dealing with small to mid-size companies,…
…1120 prohibit expropriation without compensation, and grant such companies access to international arbitration tribunals, respectively. These provisions trump the Hydrocarbons law because, under both Mexican law and the Vienna Convention,…
…when A has a claim jointly against B and C, and when there are provisions for arbitration in respect of both B and C, there can be a single arbitration….
…respondents have completed the online questionnaire and a significant number of arbitration users have been interviewed. On behalf of the QMUL School of International Arbitration and our partner in this…
…less risky and cheaper for U.S. firms to relocate offshore by guaranteeing privileged treatment for firms in Mexico and Canada and by providing for the enforcement of these new rights…
…composed of three representatives from trade union signatories, three representatives from company signatories, and a representative chosen by the International Labour Organization as “a neutral chair and independent advisory member”…
In the forty years since new visions and challenges for the administration of American justice were offered at the 1976 Pound Conference, a Quiet Revolution has altered the landscape of…
In India, the Arbitration and Conciliation Act, 1996 does not address the question of which categories of disputes are capable of resolution by arbitration, and those that are not. Instead,…
…(the “Registrar”) in taxing the costs of the arbitration is not stated in the IAA, but is left to the Rules of Court (the “Rules”). Although the position is not…
…Increase in the number of qualified practitioners: Although arbitration is not specific to legal practice, its practice in Nigeria is dominated by the legal profession. With legal practice being so…
…of a challenged arbitrator. Recent surveys indicate that the Guidelines generally are held in high regard by the members of the arbitration community. A Kluwer Arbitration Blog survey on soft…
…these treaties, are against the EU law. This ‘legalization’ of intra-EU investment arbitration is a pragmatic necessity, and a logical requirement for the proposed deal. Legal purity of reasoning in…
…enforceability of the arbitration clause will depend on its validity as analyzed under the applicable rules. According to the 1958 New York Convention, the validity of the agreement will be…
…treated like international commercial arbitration/investor-State arbitration, and State-to-State permanent tribunals respectively. The Tribunal’s only reason was that inter-State arbitration in the instant case was an alternative to the ICJ and…
…new Convention confirmed and strengthened the preferential relations between Belgium and Luxembourg within the legal framework of the BLEU2)SOMERS Eduard, Belgium-Luxembourg Economic Union, Max-Planck. This preferential relation is acknowledged by…
…“Litigation Funding in International Arbitration”, in Jonas von Goeler, Third-Party Funding in International Arbitration and its Impact on Procedure, International Arbitration Law Library, Volume 35 (Kluwer Law International; 2016) p….
…Reinisch August, The Role of Precedent in ICSID Arbitration, Austrian Arbitration Yearbook 495-510 (2008). Although the Terra Raf Trans Traiding case is not an ICSID case (since it was administered…
…will be offered to the Permanent Court of Arbitration and other international arbitration institutions. The new rules could also be used in arbitration proceedings that the parties manage themselves on…
…states’ legislation on arbitration. Apart from certain controversial proposals regarding the increased regulation of arbitration, the new legislation is a significant step forward in the development of a more arbitration-friendly…
…Ministry of Railway, New Delhi V. Patel Engineering Co. Ltd.5)(2008) 10 SCC 240 and the provisions of the pre-amendment act, the terms of the arbitration agreement ought to be adhered…
…On Negotiating in Interesting Times, Ian Macduff identifies the “natural experiment” afforded by New Zealand’s new coalition government which, as Ian notes, will govern only though constant negotiation and collaboration….