Most bilateral investment treaties concluded between the Chinese and OBOR governments allow an investor to bring investment claims against the host country before
an international arbitral tribunal constituted under the UNCITRAL Arbitration Rules (the UNCITRAL Rules).
Russia argued that the «[Ukraine - Russia BIT] can not serve as a basis for composing an arbitral tribunal to settle [the Claimants» claims]», and that it «does not recognize the jurisdiction of
an international arbitral tribunal at the [PCA]».
Our team fought and won an eight - year battle before
an international arbitral tribunal to secure compensation for Econet and to protect its rights.
The standard included in the MFN - clause — «fair and equitable treatment» — was not considered to amount to an unconditional right for investors to have their case heard by
an international arbitral tribunal.
The arbitration clause provided that the local arbitral tribunal issuing the award only had jurisdiction over «non-technical» disputes, and any «technical» disputes were to be resolved by
an international arbitral tribunal under the ICC Arbitration Rules.813
She has appeared before all levels of Ontario court, the British Columbia Court of Appeal, and before domestic and
international arbitral tribunals.
In addition, Ms. Hanlon has extensive arbitration and dispute resolution experience both in the UAE as well as before
international arbitral tribunals.
Mr. Figueroa represents foreign governments and corporate clients before U.S. federal courts and
international arbitral tribunals, including the International Centre for Settlement of Investment Disputes (ICSID), the International Chamber of Commerce (ICC) and the International Center for Dispute Resolution (ICDR).
His practice often involves evaluating and addressing competing (and often conflicting) dispute resolution, forum selection and choice of law provisions, and parallel proceedings in state, federal and bankruptcy courts, and US and
International arbitral tribunals.
We also act regularly as consultants or as experts in arbitration law or public international law matters before courts, national and
international arbitral tribunals.
Steven Berry specialises in advocacy in substantial commercial cases in the English courts and domestic and
international arbitral tribunals, including ICC, LCIA, LMAA and SIAC, especially in the related fields of insurance and reinsurance, shipping, international banking, commodities and arbitration.
He has served as chairman, party - appointed arbitrator, or sole arbitrator on
international arbitral tribunals in both «ad hoc» (including UNCITRAL) and institutional arbitrations under the Rules of, inter alia,
Our partners and associates, backed by decades of experience and relevant local and international qualifications, represent clients in the High Court, Land Claims Court, Supreme Court of Appeal and Constitutional Court, as well as before
international arbitral tribunals, the Press Council, and the Broadcasting Complaints Commission of South Africa.
She specialises in investment arbitration, public international law and international commercial arbitration, and represents states and corporations before
international arbitral tribunals and the International Court of Justice.
IN RECOGNITION OF THE UNDER - REPRESENTATION OF WOMEN ON
INTERNATIONAL ARBITRAL TRIBUNALS, IN 2015, MEMBERS OF THE ARBITRATION COMMUNITY DREW UP A PLEDGE TO TAKE ACTION
In recognition of the under - representation of women on
international arbitral tribunals, in 2015 members of the arbitration community drew up a pledge to take action (the Pledge).
Not exact matches
The
arbitral tribunal was convened in 2010 pursuant to the terms of the bilateral investment treaty between Uruguay and Switzerland under the auspices of the
International Centre for Settlement of Investment Disputes, in Washington.
Even without the detailed statistics, the ICC Report gives great insights on how
arbitral tribunals award costs in
international arbitration.
The standard of proof for showing that the constitution of the
arbitral tribunal was irregular is high.876 In the words of one United States court, the burden is «substantial because the public policy in favour of
international arbitration is strong.»
In formal dispute resolution, Phillip leads and manages litigation and
international arbitration cases including appearing as lead advocate before institutional and ad hoc
arbitral tribunals throughout the Asia Pacific region.
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.
He represents states, corporations and individuals before
international courts and tribunals, including the International Court of Justice, the International Tribunal for the Law of the Sea and arbitr
international courts and
tribunals, including the
International Court of Justice, the International Tribunal for the Law of the Sea and arbitr
International Court of Justice, the
International Tribunal for the Law of the Sea and arbitr
International Tribunal for the Law of the Sea and
arbitral tribunals.
Like the widely used IBA Rules on the Taking of Evidence in
International Arbitration, the IBA guidelines only apply if the parties agree to adopt them or if the
arbitral tribunal has determined that it has authority to rule on matters of party representation.
His Lordship emphasised the importance of upholding party choice vis - à - vis the
arbitral process — irrespective of the fact that no party has any choice about whether to arbitrate, let alone decide the composition of the
tribunal, when they contract with CSAT; some explain this on the basis that CSAT is a special case, being a
tribunal of an
international organisation.
Kristin has experience representing individuals, companies and sovereign states in their disputes in U.S. courts and before
international and domestic
arbitral tribunals in a wide range of industries.
Chairman or member of
Arbitral Tribunals in more than 150 commercial or investment arbitrations carried out under the rules of the ICC, ICSID, UNCITRAL, SCC, LCIA, AAA, Vienna
Arbitral Chamber, Milan
Arbitral Chamber and the Cairo Regional Centre for
International Commercial Arbitration.
International arbitration is a Shearman trademark, and during the time of our research it was fighting for the largest potential award in
arbitral tribunal history, a whopping $ 50 billion from Russia on behalf of former controlling shareholders of bankrupt oil giant Yukos.
Key features of arbitration are set out below but in summary it is a process whereby parties agree that their disputes will be resolved, in a final and binding manner capable of enforcement, not by the Court but by an independent (and often
international)
arbitral tribunal.
The CJEU rejected in Achmea that an
arbitral tribunal established under an
international agreement between two Member States could be considered part of the judicial system of the EU (Achmea, para 45).
Vaughan Lowe is a practising Barrister at Essex Court Chambers, mainly in the field of
international law, with cases in the International Court of Justice, the ECJ, the ECHR, the ITLOS, the Iran - US Claims Tribunal, ad hoc Arbitral Tribunals and courts in England and Hong Kong,
international law, with cases in the
International Court of Justice, the ECJ, the ECHR, the ITLOS, the Iran - US Claims Tribunal, ad hoc Arbitral Tribunals and courts in England and Hong Kong,
International Court of Justice, the ECJ, the ECHR, the ITLOS, the Iran - US Claims Tribunal, ad hoc
Arbitral Tribunals and courts in England and Hong Kong, among others.
Upfront fees payable to
arbitral institutions and the deposit for the
tribunal's costs are usually shared by the parties in
international arbitrations.
There is a lot of concern about a mechanism in
international agreements that allows private parties to challenge government measures before ad hoc
arbitral tribunals («ISDS»).
At Foley Hoag, he will be defending sovereign State clients against claims by investors before the
International Centre for the Settlement of Investment Disputes (ICSID) and other
arbitral tribunals.
Whether the arbitration in question is governed by the UNCITRAL Arbitration Rules, the ICSID Convention, the Arbitration Rules of the
International Chamber of Commerce, the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce — you name it — the Mauritius Convention would provide for transparency of submissions to
arbitral tribunals, arbitration hearings, and decisions by
arbitral tribunals, and give more room for third - party participation under a uniform set of rules.
Kristin advocates for clients in their disputes in U.S. courts and before
international and domestic
arbitral tribunals.
Therefore, an interpretation of EU law by an
arbitral tribunal in an extra-EU context may be binding under
international law, yet it is not authoritative, i.e. binding, under EU law, as EU courts are not required to follow it.
Disputes relating to BITs are heard in
arbitral tribunals administered by the
International Centre for Settlement of Investment Disputes (ICSID), an arm of The World Bank, or similar arbitration centers.
Timothy appears before
arbitral tribunals and emergency arbitrators, in expedited arbitration proceedings,
international mediations and in «Arb - Med - Arb» proceedings such as those under the SIAC - SIMC Protocol.
Representing Italy in a dispute with India before the
International Tribunal for the Law of the Sea and an
arbitral tribunal constituted under the United Nations Convention on the Law of the Sea concerning which of them has criminal jurisdiction over two Italian marines accused of wrongdoing off the coast of India.
In 2013, the
International Bar Association published its Guidelines on Party Representation in
International Arbitration, to which
arbitral tribunals may make reference.
He has appeared before a wide range of
international tribunals including
arbitral tribunals established under bilateral investment treaties, WTO panels and the WTO's Appellate Body.
The increasing prevalence of such claims is troubling to many because it puts
international investment
arbitral tribunals in the position of evaluating the policies of host states.
The
International Tribunal for the Law of the Sea (ITLOS) has announced (see press release here) that its President has appointed three arbitrators to serve as members of the
arbitral tribunal which will hear the dispute between Mauritius and the United Kingdom concerning the «Marine Protected Area» around the Chagos Islands.
In this view of the matter and for the reasons that we have indicated, we have come to the conclusion that this Court has no jurisdiction to entertain the petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an
international commercial award of an
arbitral tribunal constituted by the Refined Sugar Association, London.
The decision appears to leave open the possibility of appealing an
arbitral decision if it amounts to a «final order» even if it is not the final award of the
tribunal: Universal Settlements
International Inc. v. Duscio.
His article offers a clear and succinct overview of the emergence of the many new
international courts and tribunals in the past 20 years, including the International Criminal Court, the ITLOS, the Appellate Body of the WTO, and the large number of arbitral institutions and quasi-judicial b
international courts and
tribunals in the past 20 years, including the
International Criminal Court, the ITLOS, the Appellate Body of the WTO, and the large number of arbitral institutions and quasi-judicial b
International Criminal Court, the ITLOS, the Appellate Body of the WTO, and the large number of
arbitral institutions and quasi-judicial bodies (p 79).