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Witness statements are a core feature of international commercial arbitration. In current practice, they have become a vehicle for the making of legal submissions, quoting from and commenting on documents, and speculating on all manner of things, including third parties’ conduct. In this form,...
Historically, a predecessor state’s responsibility for wrongful acts did not transfer to a successor state. Nevertheless, over time, this view has evolved to include the acceptance of responsibility in certain cases – creating ambiguity in the state of the law. To address this ambiguity, the...
In today’s turbulent global geopolitical landscape, economic sanctions are becoming an important feature. In essence, this is a difficult subject to discuss because it involves international diplomacy and politics. However, sanctions invariably influence global trade and commerce and directly...
For almost two centuries, French judges had closed their eyes when arbitration agreements were inserted in international consumer contracts, allowing such clauses to stand and favouring the rigid application of French international arbitration law at all costs. Arbitration agreements inserted in...
This Article provides updates on the recent developments in investor-state mediation and sheds light on some of the efforts undertaken by several institutions to regulate and promote this amicable mode of dispute resolution. This development is particularly important in the light of climate...
The article explores China International Economic and Trade Arbitration Commission (CIETAC) arbitrations seated in Vienna and addresses legal implications of the interplay between the CIETAC Arbitration Rules and the Austrian arbitration law in connection with document production, additional...
A recent US Supreme Court decision sharply narrows the jurisdiction of federal district courts to administer arbitration matters under the Federal Arbitration Act (FAA). When a federal district determines whether it has subject-matter jurisdiction to compel arbitration, it may take into...
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