Arbitrational Award vs. Judgment
International corporations are no strangers to dispute resolution processes, including arbitration, mediation, and litigation. However, once a dispute is resolved, the parties must enforce the decision, which can be a challenge when dealing with foreign countries. International corporations need to understand the fundamental differences between enforcing an international arbitration award and enforcing...
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The Significance of Incoterms
If you expand overseas, you must navigate a complex web of laws and regulations to get started. One important area to understand is international trade terms, known as Incoterms. These terms define the responsibilities and obligations of buyers and sellers in international transactions. Incoterms determine who bears the risk and costs of...
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Navigating International Franchising
In recent years, franchising has become a popular business expansion mode across borders. Franchisors not only use it to increase brand and business growth opportunities but also to provide a low-risk means to expand into new markets. However, franchisors face unique legal and economic challenges when they develop their brand beyond their...
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An International Breach: What to do?
In the age of globalization, businesses frequently engage in international transactions. Although contracts exist, parties may still experience disputes that can lead to litigation, causing significant financial losses and lengthy legal proceedings. International arbitration is an increasingly popular option to resolve these disputes in a more efficient and cost-effective manner. This blog...
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Mining: From Concession to Expropriation – What Are Your Possible Remedies?
Mining can be a lucrative business for foreign direct investors. However, the risks and challenges that come with mining can never be completely eliminated. Many countries have laws and regulations that govern mining operations, but there are situations where mining concessions can be revoked or expropriated. In this...
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Construction Defect in ISDS
Construction defects can pose significant risks to international construction projects, leading to financial losses, delays, and safety concerns. When construction defects lead to legal disputes, foreign investors may seek redress through investor-state dispute settlement (ISDS) mechanisms and hold the Host Government accountable. ISDS (Primer on International Investment Treaties and Investor-State Dispute...
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Type of Claims in Investment Dispute
When disputes arise between states and private entities, the parties turn to international arbitration to resolve their issues. International arbitration is a process in which a panel of experts reviews each party's claims and makes a ruling that all parties must abide by. An investor must understand the different claims he can...
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Understanding ICSID: Settlement and Investment DisputesDoes an Arbitrational clause survive past the termination of your contract? An overview of the separability doctrine.
If a contract is invalid or breached, the survival of an international arbitration clause becomes a question. Tribunals use Separability Doctrine to resolve contract termination in international arbitration. If you do not know what to do when you face an international breach of contract, please visit An International Breach: What to...
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Dual Nationality: ICSID vs UNICITRAL
Investment disputes are not a rare occurrence in today's world. With globalization and the growth of international trade, it is becoming increasingly common for investors to invest in foreign countries. However, such investments are often subject to disputes that require resolution through international arbitration. In this context, two international organizations, namely, the...
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What are the International Law Commission’s Articles on State Responsibility?
The International Law Commission (ILC) is an independent body of international law experts that works to promote the progressive development and codification of international law that can be considered customary international law. In 2001, the ILC published a set of Articles on State Responsibility (ASR) which lays out legal rules governing responsibility...
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