...parties.[2] It is, however, understood that arbitrations held in Brazil are domestic and those with seats outside of Brazil are international. The BAA governs the former. The BAA was inspired...
Author: Stavros Brekoulakis* Published: December 2006 Topics: Arbitral Awards Effects Parties Third Parties in Arbitral Proceedings Description: I. INTRODUCTION Interest in the topic of an arbitral award’s effect and res...
...circumstances where “one of the parties simply refuses to comply with [its] demands relating to discovery.” But where information is in the hands of a nonsignatory — or more properly,...
...or international arbitrations to obtain documents and testimony from non-parties is far more circumscribed than the ability of litigants in U.S. litigation to obtain evidence from non-parties in federal court....
Authors: Mariano Gomezperalta Casali** Published: April 2011 Jurisdiction: International Topics: Investment Disputes International Litigation States as Parties Description: Presiding Officer: Alan R. Crain, Jr.*** Alan Crain: I’m particularly pleased to...
...[Article 1492] refers, irrespective of the nationality of the parties, of the law applicable to the merits of the arbitration, or of the seat of the arbitration, to an exclusively...
...the parties decided to settle the case, saving the tribunal from this dilemma. 3. During the Hearing Dilatory and guerrilla tactics that parties may employ during the hearing process itself...
...for both funding parties. It is not easy to provide a list of the operational methods that the funding parties may consider in making the funding decision which may increase...
...evidence by agreeing to arbitrate a claim. They also recognize that the current arbitration practice on the taking of evidence in international arbitration can be unfavorable to Anglo-American parties where...
...of International Arbitration, Facts and Figures, 2017 Casework Report (2017). [34] See Arbitral Institutions Respond to Parties’ Needs, White and Case Press Release (Ap. 10, 2017), available at: https://www.whitecase.com/news/press-release/arbitral-institutions-respond-parties-needs. [35]...
Author: Xiaowen Qiu** Published: October 2000 Jurisdictions: China United States Topics: Categories of Disputes Investment Disputes Enforceability of Arbitration Agreements CIETAC Description: China’s decision to open itself to the outside...
Author: Katherine Belton** Published: May 2013 Description I. INTRODUCTION Hanotiau has questioned whether the matter of non-signatories, and the academic debate it generates, is not simply a “false problem.” Certainly,...