AODRS will require a binding
arbitration regime in the jurisdiction (such as an arbitration statute or arbitration provisions in the rules of civil procedure).
The New SPC Interpretations became effective on 1 January 2018 and aim to strengthen
the arbitration regime in China.
Not exact matches
UNCITRAL considers the New York Convention to be one of the most important United Nations treaties
in the area of international trade law and the cornerstone of the international
arbitration system.4 Since its inception, the Convention's
regime for recognition and enforcement has become deeply rooted
in the legal systems of its Contracting States and has contributed to the status of international
arbitration as today's normal means of resolving commercial disputes.
In accordance with article VII (1), a Contracting State will not be in breach of the Convention by enforcing arbitral awards and arbitration agreements pursuant to more liberal regimes than the Convention itsel
In accordance with article VII (1), a Contracting State will not be
in breach of the Convention by enforcing arbitral awards and arbitration agreements pursuant to more liberal regimes than the Convention itsel
in breach of the Convention by enforcing arbitral awards and
arbitration agreements pursuant to more liberal
regimes than the Convention itself.
In addition, he has a significant practice in investment treaty arbitration under ICSID and ad - hoc regimes (see below
In addition, he has a significant practice
in investment treaty arbitration under ICSID and ad - hoc regimes (see below
in investment treaty
arbitration under ICSID and ad - hoc
regimes (see below).
In brief, the approach conceives of investment treaty
arbitration as a form of public law, and calls for tribunals to draw on comparative domestic constitutional and administrative law, as well as other
regimes of international public law such as WTO law and human rights law, to give content to the often vaguely - worded standards of typical investment treaties.
Recognized by the Chambers guides as «a crucial figure
in the firm's global
arbitration practice,» Mr. Pierce represents clients
in international
arbitration matters
in venues around the world, under both civil and common law
regimes, and under the rules of all major arbitral institutions.
Much ink has been spilt on discussing whether or not the investment treaty
arbitration regime has played a role
in encouraging the growth of developing economies by creating a more secure system for foreign direct investment (FDI).
However, given the recent string of pro-
arbitration rulings from the Indian judiciary, there is good reason to believe that these changes to the Indian
arbitration regime will be implemented by the Indian judiciary
in a positive manner.
But,
in any case, arbitral tribunals deciding India - related disputes may well take comfort that the Indian
arbitration regime supports robust cost decisions.
Martins Paparinskis» EJIL Article argues that the conceptual challenges faced by contemporary investment treaty
arbitration can be effectively addressed if the
regime is not viewed
in isolation from its progeny, i.e. international human rights and consular law, the law of treaties and the law of diplomatic protection.
Under the old
regime,
arbitration applications
in most instances were first heard by the district courts.
Acquaintance with the legal
regime for investment
arbitration and case law has now become indispensable for anyone seeking to have a full picture of
arbitration or enhance his knowledge
in international dispute resolution domain.
The
Arbitration Law is also expected to modernise the UAE's
arbitration regime and bring it more
in line with international best practice; currently, there are just 16 provisions governing
arbitration in the UAE, set out
in Articles 203 to 218 of the CPL.. These are broadly drafted and a key concern for arbitrating parties has been the wide scope for challenges permitted (or at least not expressly prohibited) under the CPL; it is not uncommon for parties to face several months (if not years) of litigation
in order to enforce arbitral awards
in the UAE.
There is a risk that parties to
arbitration agreements will start foreign EU court proceedings
in response to London
arbitration proceedings, resulting
in extra legal costs and management time being incurred (certain EU domestic court
regimes are notoriously slow and inefficient).
-- Enabling parenting coordination by agreement or court order; — Amending the Commercial Arbitration Act to address family
arbitrations; — integrating reproductive technologies into determining a child's legal parents; — Replacing the terms «custody» and «access» with «guardianship» and «parenting time»; — Defining «guardianship» through a list of «parental responsibilities» that can be allocated to allow for more customized parenting arrangements; — Extending the legislative property division
regime to common - law spouses who have lived together for two years
in a marriage - like relationship or who are
in marriage - like relationship of some permanence and have children together; — Excluding certain types of property (e.g. pre-relationship property, gifts, and inheritances) from the pool of family property to be divided 50 - 50; and — Providing that debts are subject to equal division.
Criticism of the appointment process
in investment
arbitration is widespread, yet rigorous empirical work on this important aspect of the investment treaty
regime remains rare.