LAWCORE (LLB/LLM Arbitration/LPC/SQE2/New York Bar)

My LLM dissertation focuses on the efficacy of Article V(1)(c) under the New York Convention towards resisting the enforceability of arbitral awards. My paper examines the following issues: (1) 'Ultra Petita' Awards; (2) 'Infra Petita' Awards; and (3) Partial Enforcement. It is followed by a conclusion on the provision's efficacy and recommendations towards improving its efficacy.

1. Introduction 2. State Responsibility & Principles of Interpretation 3. State Defences & Counterclaims 4. Expropriation 5. Non-Contingent Standards 6. Contingent Standards 7. Umbrella Clauses 8. Other Substantive Standards 9. Quantification, Assessment & Damages

• Recognition • Enforcement • Execution • Substantive provisions o Enforcing state o Final award o Stay of enforcement o No review o Pecuniary obligations • Procedural provisions o Award notice o Federal courts • Non-ICSID awards o Reservations o BIT/MIT o More favourable provisions o ICSID v New York Convention o Enforcement procedure  Rules of procedure  List of documents  Refusal to enforce/recognise • State immunity • State immunity o Definitio...

• New York Convention o Key Features o Scope of Application • Article V – Fundamental Principles of Interpretation • Preventing Parties Resisting Enforcement • Article V(1)(a) – Invalidity of the Arbitration Agreement o Choice of law o Kompetenz-Kompetenz o Burden of proof • Article V(1)(a) – Parties’ Incapacity o Choice of law • Article V(1)(b) – Due Process o Proper notice o Unable to present his case o Choice of law • Article V(1)(c) – Excess of Manda...

• Substantive relief o Choice of law o Governing laws  National laws  Institutional rules o Limits to arbitrators’ remedial powers o Types of substantive relief  Monetary relief  Declaratory relief  Injunctive relief • Specific performance • Restitution • Rectification  Fill gaps/Adapt contract terms  Punitive/Exemplary damages • Interest o Arbitrators’ power to award interest o Simple vs Compound interest o Governing laws  Mandatory rules...

• Definition • Standards • National laws • Institutional rules • IBA Guidelines o Part 1 o Part 2 • Conflicts of interest • Procedure o Commencement of arbitration o During arbitration o After award/Annulment of award • Consequences o Before appointment o After appointment o After award • Challenges o National laws  Similarities  Differences o Institutional rules • Secretary

1. Introduction 2. ISDS 3. Jurisdiction & Consent 4. Ratione Personae & Materiae 5. Procedural Issues I 6. Procedural Issues II 7. Award & Annulment 8. BIT 9. BIT Enforcement & State Immunity

This bundle contains 1,394 previously released NCBE questions and answers on all the MBE topics (Civil Procedure, Constitutional Law, Contracts, Criminal Law, Criminal Procedure, Evidence, Real Property and Torts) that were used in the multistate bar exam (MBE).

This document contains 257 previously released NCBE questions and answers on Torts that were used in the multistate bar exam (MBE).

This document contains 200 previously released NCBE questions and answers on Real Property that were used in the multistate bar exam (MBE).

This document contains 209 previously released NCBE questions and answers on Evidence that were used in the multistate bar exam (MBE).

This document contains 64 previously released NCBE questions and answers on Criminal Procedure that were used in the multistate bar exam (MBE).

This document contains 142 previously released NCBE questions and answers on Criminal Law that were used in the multistate bar exam (MBE).

This document contains 265 previously released NCBE questions and answers on Contracts that were used in the multistate bar exam (MBE).

This document contains 211 previously released NCBE questions and answers on Constitutional Law that were used in the multistate bar exam (MBE).

This document contains 46 previously released NCBE questions and answers on Civil Procedure that were used in the multistate bar exam (MBE).

Treaty Breach Consequences – Sources of Law - Investment treaty provisions  Treaty provisions • War, armed conflict & insurrections • Monetary damages  No treaty provisions - Customary international law  Chorzow Factory case  ILC Draft Articles • Reparation - Restitution  Material v Juridical - Satisfaction  Declaration  In lieu of damages  No damages - Compensation  Valuation methods  Loss of profits  Moral damage  Causation  C...

This document contains 46 previously released NCBE questions and answers on Civil Procedure that were used in the multistate bar exam (MBE).

Admission & Establishment of Foreign Investments - Terms - Models - Performance requirements - Prior approval/registration - National laws Promotion of Foreign Investments - Promote/Encourage - Create favourable conditions - Restrict economic measures Transfer of funds - Multilateral agreements - Scope of right to transfer funds - Types of permitted transfers - Convertability - Exceptions Prohibition of arbitrary/unreasonable/discriminatory measures - FET relationship - D...

Definition History Treaty practice Elevation circumstances o Restrictive interpretation o Effective interpretation o Camps analyses  - Parties’ intent  - Host state’s sovereign capacity  - Internationalisation  - Dispute resolution provisions Host state’s non-contractual obligations o Consensual/Contract-like o Specific promise o Regulatory regime Doctrine of privity o Claimant  - Local subsidiary  - Not local subsidiary o Respondent  - In...