Paris - based Peter Turner's arbitration practice has had a long - standing focus on substantial investor -
state arbitration cases, although he has also had recent significant activity in the commercial sphere, notably on gas price review cases.
He is highly experienced in public international law disputes and investor -
state arbitration cases, with past roles including acting as part of the Law Commission of India's study group into the Indian Model Bilateral Investment Treaty.
Not exact matches
He said their attempts to move the
case from the
state court in Los Angeles where Daniels filed her claim to a federal court is because it would increase the chances that the matter will be decided in private
arbitration, «thus hiding the truth from the public.»
He said their attempts to move the
case from the
state court in Los Angeles where Daniels filed her claim to a federal court is because that would increase the chances the matter be decided in private
arbitration, «thus hiding the truth from the public.»
The filing also
stated that Trump intended to force the
case back to
arbitration:
Mr. Cuomo's planned legislation would require any companies with
state business to disclose the number of sexual harassment
cases they had faced each year, and would bar employers from forcing their employees into private
arbitration.
(2) certain forms of alternative dispute resolution, including mediation, early neutral evaluation, minitrials, and voluntary
arbitration, may have potential to reduce the large backlog of
cases now pending in some Federal courts throughout the United
States, thereby allowing the courts to process their remaining
cases more efficiently; and
However, nowadays investors will almost always conclude a contract with the
State if it concerns public services, works, etc. furthermore, a lot of the
cases that go before ISDS could also be brought under commercial
arbitration because they often concern the revocation of some form of license, subsidy, etc, that formed the basis of the investment.
First, the member
state could argue that its obligations under EU law take priority over its BIT obligations, in which
case the priority of one obligation over the other can only be established by applying conflict rules, but such arguments have not been raised in intra-EU
arbitrations (apart from conflict arguments challenging the jurisdiction of the tribunals which is a different matter).
Given the length of domestic proceedings coupled with the impossibility of invoking international standards, and the difficulty to convince the home -
state to further their
case, the likelihood is high that the investors will choose commercial
arbitration.
I have represented employees in
state and federal
cases, in the Nebraska Workers Compensation Court, administrative proceedings in front of the Nebraska Department of Labor and Nebraska Equal Opportunity Commission and have also represented union members in
arbitrations.
Mr. Stellabotte is a registered patent attorney and has extensive experience litigating patent, copyright, trade secret, antitrust, contract, tort, trademark, false advertising, and information technology related matters in federal and
state trial and appellate courts, including
case preparation and strategy, fact and expert discovery, depositions, motion practice, Markman hearings, preliminary injunction hearings, bench and jury trials,
arbitrations, mediations, appeals, and settlement negotiations.
We have successfully represented clients in both
state and federal court, as well as in
arbitration, winning construction
cases where millions of dollars were at stake.
For example, a German court of appeal held that the parties had concluded a new
arbitration agreement by signing ICC Terms of Reference.800 Similarly, a decision by the English House of Lords
stated that «[i] n the present
case one is dealing with an ICC
arbitration agreement.
Each chapter is devoted to different international landmark
arbitration cases — primarily
state - to -
state but also including commercial disputes with geopolitical dimensions — and showcases how
arbitration has resolved disputes in
cases regarding for example potential escalation of armed conflict.
Aloke Ray who is White &
Case's Asia head of international
arbitration, based in Singapore, presented a paper on Bilateral Investment Treaties and
State Immunity.
Many of David's
cases relate to the energy sector and in particular he has considerable experience of litigating for and against
state oil and gas companies, typically in confidential
arbitration proceedings (see the
Arbitration section above for more details).
Neal's business litigation experience has included the successful trial and
arbitration of
cases involving a broad spectrum of issues, including but not limited to the Uniform Commercial Code, «lender liability» law, fraudulent conveyance avoidance, preference avoidance, partnership disputes,
state and federal securities law issues, business torts, and contract law.
Tried dozens of
arbitration cases and related proceedings arising out of a hotly contested 105 - employee layoff, including an administrative trial before the
state Labor Relations Commission upholding the lawfulness of the layoffs (19 MLC 1551, aff'd 22 MLC 1468)
During his 21 - year legal career, Mr. Goldberg has litigated hundreds of
cases in federal and
state courts throughout the United
States involving claims of retaliation, discrimination, wrongful termination, fraud, defamation, breach of fiduciary duty, and breach of contract, as well as commercial contract disputes, civil RICO, ERISA, trade secrets and restrictive covenants, corporate governance disputes, minority shareholder disputes, partnership disputes, Madoff counseling and defense, advancement and indemnification proceedings, whistleblower actions (SOX and CEPA), executive compensation counseling, litigation, and
arbitration, international litigation and
arbitration, antitrust litigation and
arbitration, products liability litigation, environmental and toxic tort litigation, and securities fraud.
In a
case involving out - of -
state practice in an AAA commercial
arbitration, the SJC notes that the ABA Model Rules of Professional Conduct now expressly permit -LSB-...]
At its heart, IIAPP offers a database of summaries of some 150
cases brought by investors against
states under treaties channelling disputes into less costly
arbitration.
He has disposed of numerous
cases through motion practice and has litigated
cases through trial,
arbitration, and appeal in federal and
state court around the country.
The three dominant themes in 2008
cases where PIL was invoked were as follows: UK / EU law implementation of UNSC resolutions concerning freezing of alleged terrorist assets (sanctions
cases); the acts / omissions of UK authorities in Iraq / Afghanistan viewed in the context of PIL and provisions of the European Convention on Human Rights (ECHR) and Human Rights Act 1998 (Iraq / Afghanistan related
cases); and
state / diplomatic immunity in the context of civil proceedings and / or attempts to enforce arbitration awards against assets of State entities in the UK (Civil immunity ca
state / diplomatic immunity in the context of civil proceedings and / or attempts to enforce
arbitration awards against assets of
State entities in the UK (Civil immunity ca
State entities in the UK (Civil immunity
cases).
Our lawyers spend a significant amount of time in labor and employment litigation, which includes the defense of employment discrimination and wrongful discharge
cases in federal and
state courts,
arbitration proceedings, the defense of individual employment contract actions, and proceedings before various
state and federal administrative agencies, including the National Labor Relations Board, United
States, New Jersey, and Pennsylvania Departments of Labor, Equal Employment Opportunity Commission, New Jersey Division on Civil Rights, the Pennsylvania Human Relations Commission, and OSHA.
Since that first
case, we have represented blind managers, groups of managers,
state licensing agencies, the National Association of Blind Merchants, and the National Federation of the Blind throughout the United
States in
arbitrations, trial courts, and appellate courts.
Similarly, close to two - thirds (62 %) of respondents to the 2010 White &
Case and Queen Mary University survey Choices in International
Arbitration stated that a jurisdiction's «formal legal infrastructure» remains the most important factor when choosing a seat for international
arbitration.
David is also an experienced trial lawyer with more than 100
cases under his belt in
state and federal courts all over the country, before administrative agencies, and in domestic and international
arbitration forums.
We handle all levels of appeals from
state and federal
cases, as well as administrative proceedings and
arbitrations, across both civil and criminal defense matters.
Mandatory
arbitration in an agreement can effectively rob you of the right to present your
case in a court if the agreement
states that the arbiter's decision is binding for both parties.
While deciding HRC Shipping
case, the learned court had drawn upon the reasoning used in the landmark Indian
case, Bhatia International v Bulk Trading SA [3], where the Court held that the Act itself did not
state that it would not apply if the place of
arbitration is not in Bangladesh or that it would apply only if the place of
arbitration is in Bangladesh.
While Japan has the Japan Commercial
Arbitration Association (JCAA), the number of
arbitration cases resolved in Japan is very limited as
stated above.
Regularly represents clients in a variety of
cases that involve issues arising under the Federal
Arbitration Act and
state analogs, including briefing and arguing numerous motions to both compel and stay
arbitration.
He has tried
cases in
state and federal courts, as well as
arbitration matters before the American
Arbitration Association.
He has handled and tried
cases,
arbitrations and administrative proceedings in
state and federal courts throughout the United
States.
In London, Fred has participated in a mock
arbitration of a New York
State Labor Law
case, at Xchanging, a mock trial of a tractor - trailer accident, and a symposium on litigation at the Lloyd's Library all presented to large groups of claims professionals, underwriters and brokers.
He has handled hundreds of
cases before federal and
state courts and
arbitration panels throughout the United
States.
Therefore, the homologation process in Ecuador implies that the party that seeks the enforcement of a foreign award shall file a petition with the Provincial Court8, which will assess whether the award complies with the following requirements: (i) The international award complies with the formalities required for it to be considered authentic in the
state where it was issued; (ii) The award is final and binding in the jurisdiction where it was delivered and the attachments are duly legalized; (iii) With regard to the requirement prescribed in the Convention, if the award is in a language other than the official language of the country, in this
case Spanish, it shall incorporate a translation; (iv) It is shown from the legal papers of the
arbitration proceedings that the party against whom the awards is being enforced was duly notified of the claim and that there was no due process violation; (v) The petition must specify the domicile of the party against whom the award is being enforced.
These laws vary, but it is generally the
case that the recovery of these costs is more difficult for
arbitrations seated in the United
States.
Counsel for claimant in ICC
arbitration case no. 16199 / GZ involving scope of bank guarantees and
state aid exemptions
The firm has more than two decades» worth of experience advising clients on transactional mandates such as joint ventures with the Cuban
state, as well as representing them in contentious mandates such as investment treaty
arbitration cases.
In addition, Corrie has extensive experience in the defense and settlement of complex, multiparty
cases in both federal and
state court, including trial and pre-trial motion practice, devising settlement and trial strategies, and preparing for and participating in mediations and
arbitrations.
A. Introduction While investor -
state arbitration remains a relatively new area of international law, the number of
cases commenced under international investment agreements (IIAs) has grown...
More recently, we have been instructed by a number of
states, including Egypt, Spain, Greece and the Kyrgyz Republic, and investors in investment
arbitration cases.
«We need not decide in this
case whether an out - of -
State attorney's representation of a party at a Massachusetts
arbitration proceeding constitutes the unauthorized practice of law.
In a
case involving out - of -
state practice in an AAA commercial
arbitration, the SJC notes that the ABA Model Rules of Professional Conduct now expressly permit multijurisdictional practice in
arbitration and that the Massachusetts rules committee is currently weighing adoption of that rule.
Our business litigation attorneys have tried
cases in
state and federal courts throughout the country, and in national and international administrative tribunals and
arbitration panels.
The Claimants sought an order for alternative service on the basis of good reason, rather than exceptional circumstances, which had to be their
case in the light of English authorities on service where a treaty made exclusive provision for service in the
state in question, but I would have considered the circumstances exceptional in any event in the light of the evidence before me as to the likelihood of the KRG seeking to utilise Article 10 and the stifling, stalling and obstructive tactics adopted by the KRG in the
arbitration and enforcement actions in the UK and the District of Columbia, as set out in the relevant witness statements before me at the time, to which I have already referred.
As Arbitrator, he sat in over 80 major international
cases, including appointments as President and Co-Arbitrator in numerous ICSID, NAFTA and ad hoc investor -
State disputes and institutional and ad hoc commercial
arbitration cases worldwide (including ICC; LCIA; Stockholm Chamber of Commerce; Netherlands
Arbitration Institute; International Arbitral Centre of the Austrian Federal Economic Chamber; ARIAS; CCIG (Swiss Rules); UNCITRAL).
Hodgson's panel, «The Law as a Primary Tool,» will examine such topics as the law and rules applicable to the
arbitration agreement and jurisdictional issues in view of latest
case law; the law applicable to ancillary issues, such as incorporation of companies, powers of attorney and other issues of representation; the law applicable to the standard of proof and evaluation of evidence; and laws potentially relevant in
cases involving
States.