The investments can be structured in such a way to take advantage of substantive investment treaty protections and
arbitration dispute settlement options should the need arise.
Not exact matches
Elliott served the South Korean justice ministry a notice of intent in mid-April seeking
arbitration of the
dispute, the official said, a step before filing with the International Centre for
Settlement of Investment
Disputes, a forum to resolve such cases.
On
dispute settlement, Guajardo said that Mexico would be willing to consider some adjustments to the investor - state
dispute settlement system, after the United States proposed making the use of such
arbitration panels optional.
A separate
arbitration case by Conoco against Venezuela before the World Bank's International Centre for
Settlement of Investment
Disputes (ICSID) introduced in 2007 could result in a final decision later this year, a lawyer close to the case said.
Where appropriate and to the extent authorized by law, the use of alternative means of
dispute resolution, including
settlement negotiations, conciliation, facilitation, mediation, factfinding, minitrials, and
arbitration, is encouraged to resolve
disputes arising under this Act.
As a world leading international arbitrator and
arbitration practitioner, what is your take on the Investor - State
Dispute Settlement landscape?
Investors will have to choose between relying on domestic law before domestic courts, lobbying their home - state to launch state - to - state
dispute settlement or to use the less transparent private commercial
arbitration.
Partner Derek Smith, also in residence in Foley Hoag's Washington, D.C. office, practices in the areas of international
dispute resolution, petroleum law and public international law, and represents governments and state entities in international
arbitration and other
dispute settlement proceedings.
The decision ends more than eight years of
arbitration which began in July 2004, when the International Centre for
Settlement of Investment
Disputes («ICSID») received a request from Vannessa Ventures for
arbitration against Venezuela under ICSID's Additional Facility Rules.
Common forms of Alternative
Dispute Resolution include
settlement,
arbitration, mediation, summary trial, and mini-trial.
Helping to align investment
arbitration with the functioning and the results of other systems of public law adjudication can contribute to forming an emerging consensus on the many contested issues in international investment law and afford legitimacy to the
dispute settlement activity of investor - State arbitral tribunals.
I have come to strongly believe that a mediated
settlement is often the best option for clients involved in these
disputes and if mediation fails,
arbitration can be preferable to a court action.
In addition to the investigation and contract analysis, Michael has negotiated
settlements of numerous multi-million dollar reinsurance claims and has also participated as coverage counsel in numerous
dispute resolution proceedings including reinsurance
arbitrations and litigation.
In the light of this extensive experience, he is highly qualified for advisory work in all areas of public international law, for international
dispute -
settlement proceedings of all kinds and for international commercial and investment
arbitration.
This conference on September 11, 2018, in Paris, examines key issues in international
arbitration through the lens of energy - sector
dispute settlement.
As a member of Foley Hoag's International Litigation and Arbitration Department, González represents clients before the International Centre for
Settlement of Investment
Disputes (ICSID), the International Chamber of Commerce (ICC) and the International Court of Justice (ICJ), and in ad hoc
arbitrations under the United Nations Commission on International Trade Law (UNCITRAL), in cases concerning the environment, natural resources, and public health, among others.
On November 01, 2017, former King & Spalding Head of Litigation and
Arbitration in Moscow Ilia Rachkov joined Nektorov, Saveliev & Partners as a partner to strengthen the firm's
dispute settlement, commercial
arbitration, and international trade practices.
Analía González is part of the international
arbitration and litigation practice group, representing clients before the International Centre for
Settlement of Investment
Disputes (ICSID), and the International Chamber of Commerce (ICC) and the International Court of Justice (ICJ), and in ad hoc
arbitrations under the United Nations Commission on International Trade Law (UNCITRAL), in cases concerning the environment, the natural resources, public health, among others.
UNCITRAL has undertaken work in a wide range of commercial law issues, such as micro, small and medium enterprises (MSMEs),
arbitration and conciliation, investor - state
dispute settlement reform, electronic commerce, insolvency law, security interests and international sale of goods.
Members of the litigation group are experienced in a broad range of alternative
dispute resolution techniques, including mediations, binding and non-binding
arbitrations, mini-trials and
settlement trials with floors and caps.
Confidentiality and impartiality, as well as the parties» right to choose the arbitrators who are qualified for
settlement of the particular
disputes, are undeniable advantages of
arbitration compared with litigation.
With greater dependence now placed on alternative
dispute settlement, a number of Kaplan & Stratton's lawyers have experience in advising on international
arbitration and mediation.
With that said, we also value alternative
dispute resolution, such as negotiated compromise and
settlement, marital or co-parenting counseling, mediation or
arbitration.
Lash & Goldberg LLP approaches each of these matters by seeking strategies designed to resolve the
dispute as quickly and efficiently as possible, whether by
settlement, mediation,
arbitration or trial.
International commercial
arbitration is a well - known and frequently used tool for
settlement of transnational
disputes.
A
settlement offer is made before the
arbitration decision in order to settle the
dispute (hence «
settlement offer»).
Another thorny area is that of the
dispute settlement procedures included in nearly all BITs, which allows for a private party to bring a claim directly against a State before an
arbitration tribunal.
2002), the court also held that a
settlement agreement incorporated into divorce decree, requiring that all child support, custody, and visitation
disputes be submitted to binding
arbitration, was void as inconsistent with public policy.
These parties then resolve their
disputes through state agencies,
arbitrations, trials, and
settlement negotiations.
Elly's work at Boies Schiller focused on major high - stakes
disputes, including representing Apple in its global antitrust litigation against Qualcomm; Midtown Acquisitions LP, a Davidson Kempner affiliate, in its multi-jurisdictional judgment enforcement against Essar Global Fund Limited; A1 noteholders in their successful High Court litigation and
settlement against the Canary Wharf Group; a major hedge fund in relation to complex High Court proceedings against Terra Firma Capital Partners» Four Seasons Healthcare Groups; and several significant commercial and investor - state
arbitrations.
Toby Landau QC and Joe Smouha QC of Essex Court Chambers, instructed by law firm Reed Smith, were part of the teams representing and advising the Ministry of Justice of the Republic of Kazakhstan (RoK), in the successful challenge of two
arbitrations worth # 1.9 bn, recently brought before the International Centre for
Settlement of Investment
Disputes -LSB-...]
ENGIE Represented ENGIE in an
arbitration against Hungary, commenced under the Energy Charter Treaty before the International Centre for
Settlement of Investment
Disputes (ICSID).
Represented general contractor in multi-party construction
dispute arising out of delay claim in connection with residential historic rehabilitation project in Boston, which resulted in favorable
settlement on first day of
arbitration
The
disputes are often considered under a foreign applicable law and resolved under the arbitration rules of the International Chamber of Commerce (ICC), the International Centre for Dispute Resolution of the American Arbitration Association (ICDR), the London Court of International Arbitration (LCIA), The World Bank's International Centre for Settlement of Investment Disputes (ICSID), or the United Nations Commission on International Trade Law (UN
disputes are often considered under a foreign applicable law and resolved under the
arbitration rules of the International Chamber of Commerce (ICC), the International Centre for
Dispute Resolution of the American
Arbitration Association (ICDR), the London Court of International
Arbitration (LCIA), The World Bank's International Centre for
Settlement of Investment
Disputes (ICSID), or the United Nations Commission on International Trade Law (UN
Disputes (ICSID), or the United Nations Commission on International Trade Law (UNCITRAL).
Our team of experts have appeared in many UK and international courts including the High Court, County Courts, Crown Court and in international
arbitrations including International Chamber of Commerce (ICC), London Chamber of International Arbitration (LCIA), UN Commission on International Trade Law (UNCITRAL), Netherlands Arbitration Institute (NIA), Stockholm Chamber of Commerce (SCC), Dubai International Arbitration Centre (DIAC), Singapore International Arbitration Centre (SIAC), International Centre for
Settlement of Investment
Disputes (ICSID), International Institute for Conflict Prevention and Resolution (CPR) and World Intellectual Property Organization (WIPO).
When a
dispute arises, we provide rapid and effective solutions through the courts,
arbitration,
settlement or alternative
dispute resolution.
Represented party in reinsurance
dispute concerning payment by reinsurer of share of
settlement of coverage
dispute related to underlying asbestos - related claims; issues included
dispute over appointment of umpire for
arbitration.
She also has developed a keen interest and skills in alternative
dispute resolution, including mediations,
arbitrations and
settlement conferences.
Our lawyers are presently handling
disputes under the International Chamber of Commerce (ICC), American Arbitration Association (AAA), London Court of International Arbitration (LCIA), International Centre for Settlement of Investment Disputes (ICSID), Vienna International Arbitral Center (VIAC) and UNCITRAL rules; we also have extensive experience with other forms of institutional arbitration and ad hoc arbitrations, including arbitration of public international law
disputes under the International Chamber of Commerce (ICC), American
Arbitration Association (AAA), London Court of International
Arbitration (LCIA), International Centre for
Settlement of Investment
Disputes (ICSID), Vienna International Arbitral Center (VIAC) and UNCITRAL rules; we also have extensive experience with other forms of institutional arbitration and ad hoc arbitrations, including arbitration of public international law
Disputes (ICSID), Vienna International Arbitral Center (VIAC) and UNCITRAL rules; we also have extensive experience with other forms of institutional
arbitration and ad hoc
arbitrations, including
arbitration of public international law issues.
Our lawyers are presently handling
disputes under the International Chamber of Commerce (ICC), American Arbitration Association (AAA), London Court of International Arbitration (LCIA), International Centre for Settlement of Investment Disputes (ICSID), Vienna International Arbitral Center (VIAC) and UNCITRAL rules; we also have extensive experience with other forms of institutional arbitration and ad hoc arbit
disputes under the International Chamber of Commerce (ICC), American
Arbitration Association (AAA), London Court of International
Arbitration (LCIA), International Centre for
Settlement of Investment
Disputes (ICSID), Vienna International Arbitral Center (VIAC) and UNCITRAL rules; we also have extensive experience with other forms of institutional arbitration and ad hoc arbit
Disputes (ICSID), Vienna International Arbitral Center (VIAC) and UNCITRAL rules; we also have extensive experience with other forms of institutional
arbitration and ad hoc
arbitrations.
His international
arbitration practice spans states and state entities predominantly operating under the International Centre for the
Settlement of Investment
Disputes and the ICC International Court of
Arbitration rules.
Advising a leading hydrocarbons company on the expropriation of its local assets in a Latin American state, including ICSID
arbitration and litigation in various jurisdictions, which resulted in the largest
settlement in an investment
dispute to date.
Diego Cadena is an Ecuadorian lawyer with the international
arbitration and litigation group in Washington, D.C.. His practice focuses on comparative law and international
dispute resolution, especially in cases involving the representation of clients before the International Court of Justice in The Hague (ICJ), the International Centre for
Settlement of Investment
Disputes (ICSID) and the International Chamber of Commerce (ICC) among other international tribunals.
The Mauritius Convention further underscores investment law's public law nature and breaks with the so far still dominant conceptualization of investor - State
dispute settlement as a form of commercial
arbitration and private justice.
It requires understanding
arbitration not only as a
dispute settlement mechanism, but also as a form of global governance; understanding arbitrators not only as agents of the parties, but also as trustees of the international community; interpreting investment treaties in light of their global implications; and increasing transparency and third - party participation.
In my last post, I discussed the virtues of investor - State
arbitration and suggested that this
dispute settlement system could react to current criticism by reconceptualizing the system from within.
Those coming from commercial
arbitration tend to stress the private nature of
dispute settlement; for them the rule of law means faithfulness to party consent, party autonomy, and sanctity of contracts.
With over 10 years of experience as counsel in a large number of major projects unfolded on the Romanian market, Alina Popescu has gained solid expertise in M&A and FDI matters, commercial & contract law, international
arbitration and amicable
settlement of high value
disputes.
Alan has prosecuted and defended numerous high - profile cases, and has obtained several multimillion dollar
arbitration awards, judgments and
settlements in high stakes business
disputes throughout the United States.
Once we ha had a chance to review the merits and background of your situation, we will take the time to advise you about your options for a negotiated
settlement, such alternative
dispute resolution techniques as mediation or
arbitration, and all of the practical considerations that should inform your decision to take a claim or defense to court.