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Titre :	2023 V40 N2 - 2023/2 - V40-N2-2023-02
Type de document :	texte imprimé
Année de publication :	2023
Langues :	Français (fre)
Résumé :	ontractual Arbitration Clauses and Non-Contractual Claims (p. 105) Klaus Peter Berger Are non-contractual claims such as tort claims covered by standard arbitration clauses? Italian arbitration law contains a provision which seems to resolve this issue in favour of arbitration but which is interpreted restrictively by th... What Place Does an Umbrella Clause Have in the New Generation of Bilateral Investment Treaties? (p. 125) Lee Carroll In the new wave of international investment treaties, investor protections are under scrutiny as states seek to ‘restore’ their right to regulate. The umbrella clause is one investor protection under reconsideration. The perception, hel... Enforcement of Awards v. Enforcement of Judgments in the EU: Arbitration Must Catch Up (p. 155) Yves Herinckx Arbitral awards are easier to enforce across borders than court judgments, through the New York Convention, and this is one of arbitration’s key advantages compared to court litigation. In the European Union, however, this comparative a... The Human Right of Freedom of Expression in Investor-State Arbitration (p. 179) Thomas Dillon Investor-state dispute settlement (ISDS) by arbitration under bilateral investment treaties (BITs) frequently entails the application of international law extrinsic to the BIT itself, either as a principle of interpretation or by import... Baseball Arbitration as a Suitable Alternative for Construction and Real Estate Disputes (p. 211) Rodrigo Barradas, Jorge Vázquez Baseball Arbitration (or Final Offer Arbitration (FOA)) is a dispute resolution mechanism to resolve controversies where each party submits a final offer. The arbitral tribunal must then decide by picking only one of these proposals. Gi... Showing 5 of 5 articles

[n° ou bulletin]  2023 V40 N2 - 2023/2 - V40-N2-2023-02 [texte imprimé] . - 2023.
Langues : Français (fre)

Résumé :

ontractual Arbitration Clauses and Non-Contractual Claims (p. 105) Klaus Peter Berger Are non-contractual claims such as tort claims covered by standard arbitration clauses? Italian arbitration law contains a provision which seems to resolve this issue in favour of arbitration but which is interpreted restrictively by th... What Place Does an Umbrella Clause Have in the New Generation of Bilateral Investment Treaties? (p. 125) Lee Carroll In the new wave of international investment treaties, investor protections are under scrutiny as states seek to ‘restore’ their right to regulate. The umbrella clause is one investor protection under reconsideration. The perception, hel... Enforcement of Awards v. Enforcement of Judgments in the EU: Arbitration Must Catch Up (p. 155) Yves Herinckx Arbitral awards are easier to enforce across borders than court judgments, through the New York Convention, and this is one of arbitration’s key advantages compared to court litigation. In the European Union, however, this comparative a... The Human Right of Freedom of Expression in Investor-State Arbitration (p. 179) Thomas Dillon Investor-state dispute settlement (ISDS) by arbitration under bilateral investment treaties (BITs) frequently entails the application of international law extrinsic to the BIT itself, either as a principle of interpretation or by import... Baseball Arbitration as a Suitable Alternative for Construction and Real Estate Disputes (p. 211) Rodrigo Barradas, Jorge Vázquez Baseball Arbitration (or Final Offer Arbitration (FOA)) is a dispute resolution mechanism to resolve controversies where each party submits a final offer. The arbitral tribunal must then decide by picking only one of these proposals. Gi... Showing 5 of 5 articles