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201
Anti-suit Injunctions Issued by Arbitraral Tribunals in International Commercial Arbitration
Published 2020-04-01“…Considering the importance of this injunction in support of the arbitration, the status of injunction issued by arbitral tribunals in international arbitration shall be reviewed. However, since the jurisdiction of the tribunal is subject to the agreement between the parties, there are serious challenges regarding the authority and grounds for issuing this order by arbitral tribunals. …”
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202
The Role of Arbitral Tribunals in Investigating Corruption Allegations in International Commercial Contracts: An Analytical and Comparative Study
Published 2021-09-01“…The research has followed up these legal differences and their impact on various trends of international arbitration. This research has also included presentation of standards adopted by arbitration tribunals to prove corruption, as well as the rules that are used to resolve the conflict between the applicable laws, and then examine the effects of corruption on arbitral awards. …”
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203
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204
Foreign Investment Contracts and Scope of Host State Commitments Arising From Treaty
Published 2016-08-01“…Foreign investment are made by means of concluding a contract between the foreign investor and a public institute or entity of the host state.On the other side, the host state is often a part of a bilateral or multilateral investment treaty with the national state of the investor.Each of these documents forecast their special mechanism for settlement of investor-state disputes.In numerous cases,these contracts are sources of investment disputes and a lot of claims arise out of breaches of international legal obligations arising from or relating to underlying contracts, which is a new question in the international arbitration domain.Since the two SGS v.Pakistan and SGS v.Philippines decisions by arbitral tribunals, the question of how treaty-based tribunals should deal with claims arising out of the contractual relationships,was recently asked and considered. …”
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205
Obstacles to Recognition and Enforcement of New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958) and International Commercial Arbitration Act of...
Published 2023-04-01“…This document, as one of the most important transnational documents on which the main framework of the international arbitration regime is based, has been created with the aim of facilitating the implementation and effectiveness of arbitration as much as possible. …”
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206
Resolusi Konflik Kelompok Kriminal Bersenjata Papua
Published 2023-06-01“…However, if the Armed Criminal Group is included in the Belligerent category, the Indonesian government can carry out Military Operations for War but must comply with the Laws of War or Mediation, Conciliation, and International Arbitration. …”
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207
International standardization of arbitration as an alternate dispute resolution forum and its acceptance in India
Published 2016-10-01“…Such urgency led to many conventions, one of most important being The New York Convention of 1958 (Convention on the Recognition and Enforcement of Foreign Arbitral Awards) and the UNCITRAL Model Law promulgated in 1985 and amended as recently as 2006 which has been the source for International Arbitration, the most widely used dispute resolution method for international commercial trade and transactions and many countries like India have also based their legislations on the rules of the UNCITRAL Model Law. …”
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208
Third Party Participation in Investor-State Arbitration: New Trends in ICSID Rules and UNCITRAL Transparency Rules
Published 2017-08-01“…Rules of different arbitration institutions have also taken different views as to whether third party can participate in international arbitration. ICSID Arbitration Rules, as amended in 2006, and UNCITRAL Transparency Rules 2013 have considered new trends and perspectives in this regard. …”
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209
The South China Sea: Beijing’s Challenge to ASEAN and UNCLOS and the Necessity of a New Multi-tiered Approach
Published 2017“…This Working Paper examines the South China Sea disputes and primarily focuses on developments since 2013 when the Philippines filed for international arbitration. The first part of the paper examines how the Association of Southeast Asian Nations (ASEAN) and China reacted to the arbitral process and the potential for the Association to undertake an effective and unified position in the future. …”
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210
The future of foreign arbitration in the People’s Republic of China: current developments and challenges ahead
Published 2021“…Accordingly, this article introduces the existing international arbitration regime in mainland China; assesses what the recent developments mean in the context of Sino-foreign disputes; sheds light on possible challenges associated with the changes; and makes recommendations for the on-going reform of arbitration in China.…”
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211
Bilateral investment treaties’ protection for multinational companies
Published 2016“…Furthermore, BITs play a role as a legal cover for unconditional protection for Multinational Companies (MNCs), without linking the terms of protection to any party on the MNCs side.Thus, no provisions deal with acts or the very idea of corruption, or refer to the state’s right to safeguard public money and maintaining sovereignty, which become overruled under international arbitration. With a broad definition for “investor,” the question of who gets protection under the treaty is not strictly answered.Upon signing a treaty, the investors (signing party) already present in a country (with whom their state signed a BIT), and potential future investors, become protected under the terms of the treaty.This article addresses the very question on whether BITs are a safe haven for encroachments by MNCs, through literature review and various cases that exhibit abuse of BITs in the respective host state.This article provides an understanding as to why BITs are considered a safe haven for the MNCs…”
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212
The Origin of Arbitration Law in South Africa
Published 2020-11-01“…The enactment of the International Arbitration Act, 2017 marked a great milestone towards achieving that goal. …”
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213
Resolve Disputes Arising from the Issuance and Use of Electronic Trust Symbol
Published 2021-04-01“…These solutions can resolve existing ambiguities and gaps in non-judicial methods in resolving disputes by complying with commercial and civil law and domestic and international arbitration laws. In this article, while introducing the concept and nature of the symbol of electronic trust as a researcher and strengthener of Internet business, an attempt has been made to talk about potential and actual ways of resolving disputes arising from its use in national law.…”
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214
The International Court System: A Solution to the Crisis in Investor-State Arbitration?
Published 2024-01-01“… Most known investor-state disputes are referred to a form of international arbitration known as investor-state arbitration (ISA) or investor-state dispute settlement (ISDS). …”
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215
Anti-suit Injunctions Issued by Arbitral Tribunals in International Commercial Arbitrations
Published 2020-05-01“…Considering the importance of this injunction in support of the arbitration, the status of injunction issued by arbitral tribunals in international arbitration shall be reviewed. However, since the jurisdiction of the tribunal is subject to the agreement between the parties, there are serious challenges regarding the authority and grounds for issuing this order by arbitral tribunals. …”
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216
FULL PROTECTION AND SECURITY STANDARD IN INTERNATIONAL INVESTMENT LAW
Published 2019-12-01“…The subject of the study is the analysis of the application of the Standard of Full Protection and Security of Foreign Investments in international arbitral practice. It is an absolute standard that is contained in almost all international investment agreements and that has been established through arbitration practice, regardless of the variety of language expressions referred to in investment agreements. …”
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217
Challenge of arbitrators' neutrality
Published 2016“…The reasons for every challenge made were analyzed critically and match with the IBA Guidelines on Conflicts of Interest in International Arbitration 2014. This IBA guidelines was chosen as it is one of its kind and it provides list of situations according to their seriousness, which may require disclosure or not. …”
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218
THE LEGAL CAPACITY OF INTERNATIONAL CONVENTIONS AND LAWS TO LEGALISE E-ARBITRATION
Published 2021-12-01“…To summarise, several legal gaps need to be addressed; therefore, the study recommends that the international arbitration communities, such as UNCITRAL, should develop an international legal framework to directly and precisely regulate e-arbitration to enhance legal validity of e-arbitration and to provide international harmonisation and uniformity. …”
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219
Synergy of International Commercial Courts and International Commercial Arbitration in Special Economic Zones
Published 2023-12-01“…Some features of international commercial courts that are modeled on the rules and methods of international arbitration are: more flexibility in proceedings, the possibility of appointing judges of foreign nationality, allowing the presence of foreign lawyers in court, allowing the parties to agree on conducting private proceedings and expanding the ability to enforce judgments. …”
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220
Reconstructing Heritage and Cultural Identity in Marginalised and Hinterland Communities: Case Studies from Western Newfoundland
Published 2015-08-01“…Issues surrounding treaty rights and access to this region’s resources resulted in international arbitration and The Hague Tribunal of 1910, and set a legal precedent for opening up global access to the world’s oceans. …”
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