In the assessment of damages under a GAFTA Default Clause, where there has been no substitute transaction, the prima facie means of establishing the “actual or estimated value of the goods” is to be made on “as is where is” basis, this is, by reference to the price of a substitute sale or purchase in the available market.
Where a tribunal decides the case on the basis of a point which one party has not had a fair opportunity to
deal with, the award may be set aside on the ground of serious irregularity, according to HHC Pelling KC in Palmat NV v Bluequest Resources AG.
English High Court gives passage to an ICSID award against Spain issued in an intra-EU ICSID arbitration under the Energy Charter Treaty.
The English Commercial Court holds that, where there is no failure of the procedure for the appointment of an arbitrator, an application to the Court for directions under Section 18 of the Arbitration Act 1996 will inevitably fail.
The ISDS Academic Forum, together with PluriCourts Centre for Excellence (LEGINVEST) and Forum for Law & Social Science at the University of Oslo, hosted a workshop on reforming international investment arbitration in Oslo 1-2 February 2019. The workshop provided an opportunity for the Academic Forum’s working groups to present draft papers on six issues that
An important case is on the horizon for those involved in the transportation industry. Yesterday, the Supreme Court agreed to hear the appeal of New Prime, Inc., a transportation company that is asking the Court to overrule the First Circuit and find that an independent contractor’s class action claim should be compelled to arbitration. Here
Execution of arbitration award of a documentary credit in favour of the defendant Taurus Petroleum Limited v. State Oil Marketing Company of the Ministry of Oil, Republic of Iraq [2017] UKSC 64 The “Supreme Court” is the last civilian court in the United Kingdom. Last October 25, 2017 issued a new ruling in arbitration. We
The company HARAGI KALITATEAN AITZINDARI GROUP S.L. (from now on AITZINDARI GROUP) presented a demand of ordinary proceedings against IMPORT EXPORT SEGOVIA SL and also against its manager, Ms. MARISOL, requiring the amount of 32.249,55 euros. Ms. MARISOL had been sued in their condition of sole director of IMPORT EXPORT SEGOVIA SL claiming for a
This paper discusses the role of institutions (particularly regulatory institutions in the context of the Argentine decisions) in understanding essence of investor-state relations, and explores the potential contribution of the NIE framework in the interpretation of IIAs. It discusses that international investment law has not reached the desired level of consistency in the interpretation of
This book is authored by Albert Badia and published by Marge Books. This book contains briefings of 250 cases on international trade and the carriage of goods by sea. The cases were decided by the English courts and the European Court of Justice. Each case is presented by an abstract of the factual background and
The Case of Gas Dual Pricing(with Vitaliy Pogoretskyy) in Andreas Goldthau and Caroline Kuzemko (eds.), Dynamics of Energy Governance in Europe and Russia.
Reforming the Clean Development Mechanism in the Post-Kyoto Era to Promote Sustainable Energy Development on the African Continent in Yves Le Bouthillier et al. (eds.), Poverty Alleviation and Environmental Protection.
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