...that a fully realized doctrine of mandatory rules has emerged. Work on mandatory rules begins with a somewhat mundane observation: forum courts considering contracts governed by foreign law will sometimes... Mandatory Rules In Civil Litigation: Status Of The Doctrine Post-Globalization ...July 23, 2020 by Claire Sheridan
...forum selection clause that chose an illusory place was integral.[20] In Inetianbor, the forum selection clause was found to evidence an intent to have a specific type of arbitration in... Unconscionable Arbitration Agreement: To Strike Down Entirely or to “Blue-Pencil” ...August 11, 2020 in Blog by Claire Sheridan
Author: Anjanette H. Raymond* Published: July 2007 Jurisdiction: International Topics: Commercial Disputes Confidentiality Lex Mercatoria International Institutions and Rules Description: I. INTRODUCTION International commercial law has at its heart the... Confidentiality in a Forum of Last Resort: Is the Use ...July 25, 2020 by Claire Sheridan
...matter of the dispute might not be fit for resolution outside of a public forum. As transparency is usually the norm in arbitration, the principles and values behind ESG regulation... The Perils of Intra-Corporate Arbitration for ESG DisputesNovember 28, 2023 in Blog by Yue-Zhen Li
...would be incentivized to indulge in forum shopping, involving additional investment of time and resources in the preferred forum or delaying the process of dispute resolution, leading to intentional non-compliance... Whether Contractual Preconditions to Arbitration should be regarded as ‘Impediments’ ...April 28, 2022 in Uncategorized by ARIA
...change of the arbitral forum as agreed by the Contracting Parties. The investor’s request would simply be aimed at integrating a critical point – the one on the applicable procedural... A Potentially Vast Procedural Framework for ICSID Arbitration Provisions Silent ...February 24, 2023 in Blog by ARIA
...tribunals,[24] and therefore, relying on principles such as forum non conveniens, arbitration of human rights disputes may raise enforcement concerns.[25] Additionally, human rights are still comparatively new on the business... Hague Rules on Business and Human Rights Arbitration: What Lies ...September 28, 2020 in Blog by clairesheridan
...tribunal. In anti-arbitration injunctions, the forum of arbitration, being an alternative to the courts, is consciously chosen by the parties and cannot be considered an inconvenient forum per se. While... Do Indian Courts have the Power to Grant Anti-Arbitration Injunctions?October 8, 2020 in Blog by clairesheridan
...forum to resolve the dispute. Instituting an action in derogation of an agreed forum is another means of influencing the forum for the resolution of disputes arising from international commercial... Safeguarding Arbitral Integrity In Nigeria: Potential Conflict Between Legislative Policies ...July 23, 2020 by Claire Sheridan
...are myriad young practitioner organizations affiliated with institutions that support and seek to develop the next generation of counsel and arbitrators. By way of example, the ICC’s Young Arbitrators Forum... A 360-Degree, Kaleidoscopic View of Diversity and Inclusion (or Lack ...July 27, 2022 by ARIA
...forum. Under international law there is a well-established principle that holds that states cannot deny international responsibility by relying on its domestic law.[17] The same principle is reflected in art.... The ISDS Clause in the Investment Law of the Kyrgyz ...February 11, 2021 in Blog by clairesheridan
...directly apply the forum’s substantive law despite the parties’ chosen law; (2) they directly apply the parties’ chosen law; and (3) they apply the forum’s choice-of-law rules to find the... A Harmonizing Framework for Choice-of-Law Practices in U.S. Judicial Enforcement ...July 10, 2020 by Claire Sheridan