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Is it Always All About the Money? The Appropriateness of Non-Pecuniary Remedies in Investment Treaty Arbitration

Gisele Stephens-Chu.

in Arbitration International

December 2014; p ublished online January 2015 .

Journal Article. Subjects: Arbitration; Company and Commercial Law; Competition Law; Employment and Labour Law; Settlement of Disputes. 13230 words.

This article assesses the notion that damages are invariably the most appropriate remedy in investment disputes, by reference to relevant principles of the international law of remedies and...

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Force majeure in international contracts: current trends and how international arbitration practice is responding

Mahmoud Reza Firoozmand and Javad Zamani.

in Arbitration International

September 2017; p ublished online September 2017 .

Journal Article. Subjects: Arbitration; Company and Commercial Law; Competition Law; Employment and Labour Law; Settlement of Disputes. 9720 words.

Abstract

The concept of force majeure has been the subject of much judicial and academic debate that aims to find out how different national legal systems deal...

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Financial Dispute Resolution in China: Arbitration or Court Litigation?

Shahla Ali and Hui Huang.

in Arbitration International

March 2012; p ublished online September 2014 .

Journal Article. Subjects: Arbitration; Company and Commercial Law; Competition Law; Employment and Labour Law; Settlement of Disputes. 10803 words.

Determining the appropriate venue for the resolution of financial disputes is a question that has received increased attention in recent years given the growth in financial and...

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Cloud computing and US-style discovery: new challenges for European companies

Christophe Guibert de Bruet and Johannes Landbrecht.

in Arbitration International

June 2016; p ublished online September 2015 .

Journal Article. Subjects: Arbitration; Company and Commercial Law; Competition Law; Employment and Labour Law; Settlement of Disputes. 6571 words.

Cloud computing has enormous business potential but raises many novel legal issues. Users today are concerned first and foremost about data security and data privacy. However, they are...

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The Hearing on Jurisdiction – Act III, Scene II

in Arbitration International

March 2008; p ublished online August 2014 .

Journal Article. Subjects: Arbitration; Company and Commercial Law; Competition Law; Employment and Labour Law; Settlement of Disputes. 5232 words.

With the procedural thicket behind it, the tribunal turns to the substance of the jurisdictional objections. The issues are complex, including application of a so-called ‘fork in the road’...

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Interpreting Consent to Arbitration as a Unilateral Act of State: A Case Against Conventions

Yulia Andreeva.

in Arbitration International

June 2011; p ublished online September 2014 .

Journal Article. Subjects: Arbitration; Company and Commercial Law; Competition Law; Employment and Labour Law; Settlement of Disputes. 9744 words.

Investment treaties have transformed the legal landscape. They have transcended the boundaries between public and commercial. They have merged an investor-state relationship with a...

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Arbitrability and Pre-emption: More Litigation in the United States

David J. Branson.

in Arbitration International

June 1996; p ublished online November 2014 .

Journal Article. Subjects: Arbitration; Company and Commercial Law; Competition Law; Employment and Labour Law; Settlement of Disputes. 4510 words.

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The Right Honourable The Lord Wilberforce CMG OBE: In Memoriam

in Arbitration International

March 2004; p ublished online October 2014 .

Journal Article. Subjects: Arbitration; Company and Commercial Law; Competition Law; Employment and Labour Law; Settlement of Disputes. 4733 words.

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Promoting Effective Arbitration through Legal Assistance Programmes

Patricia Shaughnessy.

in Arbitration International

June 2006; p ublished online October 2014 .

Journal Article. Subjects: Arbitration; Company and Commercial Law; Competition Law; Employment and Labour Law; Settlement of Disputes. 10761 words.

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A comparative analysis of consent awards: accepting their reality

Giacomo Marchisio.

in Arbitration International

June 2016; p ublished online January 2016 .

Journal Article. Subjects: Arbitration; Company and Commercial Law; Competition Law; Employment and Labour Law; Settlement of Disputes. 9128 words.

Consent awards are a useful and effective tool in international commercial arbitration. In light of a comparative study of English and French law, as well as an analysis under the...

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The Merits, the Award and Annulment — Act IV, Scene I

in Arbitration International

March 2008; p ublished online August 2014 .

Journal Article. Subjects: Arbitration; Company and Commercial Law; Competition Law; Employment and Labour Law; Settlement of Disputes. 9839 words.

The hearing on the merits (excluding damages) arrives along with its own issues. Ruritania objects to Toll-Stoy’s use of PowerPoint presentations, a resource stated to be unavailable to it....

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Overcoming the Clash of Legal Cultures: The Role of Interactive Arbitration

Bernardo M. Cremades.

in Arbitration International

June 1998; p ublished online December 2014 .

Journal Article. Subjects: Arbitration; Company and Commercial Law; Competition Law; Employment and Labour Law; Settlement of Disputes. 9943 words.

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Emirates Trading, good faith, and pre-arbitral ADR clauses: a jurisdictional precondition?

Louis Flannery and Robert Merkin.

in Arbitration International

March 2015; p ublished online April 2015 .

Journal Article. Subjects: Arbitration; Company and Commercial Law; Competition Law; Employment and Labour Law; Settlement of Disputes. 23763 words.

The 2014 High Court decision in Emirates Trading v Prime Mineral Exports is an interesting example (and possibly the first), of an English Court affirming that non-compliance with...

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Claims that an arbitral tribunal failed to deal with an issue: the setting aside of awards under the Arbitration Act 1996 and the UNCITRAL Model Law on International Commercial Arbitration

Jonathan Hill.

in Arbitration International

September 2018; p ublished online September 2018 .

Journal Article. Subjects: Arbitration; Company and Commercial Law; Competition Law; Employment and Labour Law; Settlement of Disputes. 16434 words.

Abstract

After an award has been rendered, one of the parties may seek to challenge it on the basis that the tribunal failed to address an important question...

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Recognition and Enforcement of Judgments on the Existence and Validity of an Arbitration Clause under the Brussels Convention

Dominique T. Hascher.

in Arbitration International

March 1997; p ublished online November 2014 .

Journal Article. Subjects: Arbitration; Company and Commercial Law; Competition Law; Employment and Labour Law; Settlement of Disputes. 15607 words.

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Organisation of the Defence and the Proceedings – Act II, Scene II

in Arbitration International

March 2008; p ublished online August 2014 .

Journal Article. Subjects: Arbitration; Company and Commercial Law; Competition Law; Employment and Labour Law; Settlement of Disputes. 8819 words.

The members of the tribunal and the secretary meet for the first time just before the organizational hearing – the first meeting with the parties. The hearing is complicated in this case,...

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The Meaning of ‘Investment’ in ICSID Arbitrations

in Arbitration International

December 2010; p ublished online September 2014 .

Journal Article. Subjects: Arbitration; Company and Commercial Law; Competition Law; Employment and Labour Law; Settlement of Disputes. 8878 words.

The term ‘investment’ in Article 25(1) of the ICSID Convention has eluded definition ever since the entry into force of the ICSID Convention in 1966. The Salvors Award on Jurisdiction of...

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Foreign lis alibi pendens, Non-Chinese Majority Tribunals and Other Problems of Neutrality in CIETAC Arbitration

Justin Hughes.

in Arbitration International

March 1997; p ublished online November 2014 .

Journal Article. Subjects: Arbitration; Company and Commercial Law; Competition Law; Employment and Labour Law; Settlement of Disputes. 10092 words.

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Recognition and Enforcement of Arbitration Awards and the Brussels Convention

Dominique T. Hascher.

in Arbitration International

September 1996; p ublished online November 2014 .

Journal Article. Subjects: Arbitration; Company and Commercial Law; Competition Law; Employment and Labour Law; Settlement of Disputes. 18058 words.

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A Window of Opportunity? Building a Short Period of Time into Arbitral Rules in Order for Parties to Explore Settlement

Lucy Greenwood.

in Arbitration International

June 2011; p ublished online September 2014 .

Journal Article. Subjects: Arbitration; Company and Commercial Law; Competition Law; Employment and Labour Law; Settlement of Disputes. 6333 words.

The growth of international commercial arbitration in recent years has contributed to a number of perceived problems within the system, in particular, the increasing ‘judicialisation’ of...

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