…can challenge a request for [enforcement], but it does nothing to alter the fundamental requirement of jurisdiction over the party against whom enforcement is being sought.”[4] Nor does such a…
…of the Sovereign”. Even though the facts of the case are highly specific, the Court’s reasoning is perhaps worthy of consideration in a modern context where a party to an…
…be clear that a party is giving up its right to arbitrate, even more so if such waiver is not express but implicit. If a party’s intention is not obvious,…
…pretty clear in precluding claims arising out of any property right or interest compulsorily acquired by either party in its own territory before the entry into force of this agreement.”…
…for moral damages” (Id.). The Tribunal therefore dismissed Turkey’s request because the Treaty did not provide any legal basis for awarding compensation for moral damages suffered by a State party….
…for revision suggests that a party may be well advised to request the suspension of arbitral proceedings pending the outcome of potentially advantageous factual or legal developments. Georg von Segesser…
…it. Second, the defendant noted that the arbitration agreement provided for each party to bear its own costs of the arbitration – a position which is inconsistent with section 60…
…arbitration clause did not apply to B, because he was not a party to the Sales Agreement and because B did not succeed to the rights and liabilities under the…
…on a conventional party-and-party basis, the winning party would in effect be subsidizing the losing party’s abortive attempt to frustrate enforcement of a valid award… Such a state of affairs…
…asking the court to order the deposition of the other party’s former counsel. The court reviewed the motion against the backdrop of the most recent, and leading, U.S. Supreme Court…
On May 6, 2009, the French Supreme Court rendered a decision relating to the consequences of insolvency proceedings commenced in France against a party to pending international arbitration proceedings (Jean…
…party without Thales`s prior written consent. On 20 June 1991, Y purported to transfer its rights and obligations under the Contract to company Z. During the course of 1991, the…
…8(3) of the BIT also provides that: “[a]ny disputes concerning other matters between an investor of either Contracting Party and the other Contracting Party may be submitted to the Centre…
…on a written submission of a third party and the parties to the proceedings had enough time to comment on such written submission.By letter of 7 July 2008, the national…
…on the posting of a security. Under Article 52(5) of the ICSID Convention, a party seeking the annulment of an award may request a stay of the award’s enforcement. The…
…that an official of Ecuador’s ruling party solicited a bribe from parties angling for a share of any environmental remediation work that might arise in case of a Ecuadorian court…
…its right of appeal under the arbitration agreement. That agreement was notable for providing either party a right of “appeal” to the New Brunswick Courts, if both parties approved of…
…Arbitration Act), which provides that “Unless otherwise agreed by the parties, a party to arbitral proceedings may (upon notice to the other parties and to the tribunal) appeal to the…
In 2006, the ICSID Arbitration Rules were amended to allow a party to make a preliminary objection to claims that are “manifestly without legal merit.” The procedure for this objection…
…and with elements of ambiguity should be ‘in dubio contra proferentem2)This principle implies that the drafter and the authority issuing a legally relevant statement, in other words the superior party,…
…there are 91 different individuals acting as party-appointed arbitrators across the pending ICSID cases. Again, unsurprisingly, a number of these individuals, 36 in total, are acting as party-appointed arbitrator in…
…tradition of awarding costs against the unsuccessful party. In other words, the system already creates disincentives against unmeritorious claims. In what way does the award of costs go further and…
…each party to the negotiations. BITs are the product of a compromise between conflicting interests; they are not entered into by States based on any perceived legal obligation. It is…
…it was not a party to a valid arbitration agreement. Tribunal’s decision as to its jurisdiction The ICC tribunal was composed of eminent and experienced international lawyers and arbitrators: former…
