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The Rise Of Transnational Commercial Courts: The Astana International Financial Centre Court, Ilias Bantekas
The Rise Of Transnational Commercial Courts: The Astana International Financial Centre Court, Ilias Bantekas
Pace International Law Review
The proliferation of international commercial courts aims to boost income from legal services and serve as a catalyst for newly found rules of law and thus attract investor confidence. The latter is the underlying purpose for the creation of the Astana International Financial Centre (AIFC) and its Court. The Court’s legal framework is set out in the tradition of its competitors in the Gulf and similarly employs an impressive lineup of former senior judges from the United Kingdom. It is a unique experiment because it strives to create a balance between maintaining a judicial institution of the highest caliber while …
Preclusion Of Remedies Under Article 16(3) Of The Uncitral Model Law, Nata Ghibradze
Preclusion Of Remedies Under Article 16(3) Of The Uncitral Model Law, Nata Ghibradze
Pace International Law Review
In search of actual consequences of (mis)use of the available remedies, Chapter II of the foregoing article starts by exploring whether the Model Law implies “choice of remedies” policy by examining its travaux préparatoires (hereinafter “travaux”). It also seeks to determine existence of “alternative system of defences” at cross-border level between remedies at the seat of arbitration and in the enforcement country. Chapter III engages in a determination of general framework of preclusions under the Model Law by analyzing specific provisions such as Article 4, 13 and 16(2).
Chapter IV, by analyzing the travaux, determines the primary purpose of the …