...unilateral arbitrator appointment clauses focus on concepts such as party autonomy and unconscionability. 1) Party Autonomy – “Arbitration is a matter of contract” with party autonomy at its core.[14] Moreover,...
Search Results for : "Autonomy"
...Autonomy, Enforceable?, Kluwer Arbitration Blog (May 12, 2018), http://arbitrationblog.kluwerarbitration.com/2018/05/12/expedited-procedure-vis-vis-party-autonomy-enforceable/. [2] Arbitration Rules of the Singapore International Arbitration Centre art. 5.2 (2016). [3] Arbitration Rules of the Singapore International Arbitration Centre...
The Perceived Tension Between Party Autonomy and Expedited Procedure Under ...
Author: Aditya Marwah* Jurisdictions: India Topics: Party Autonomy Damages in Arbitration Jurisdiction and Powers of the Courts in Matters of Arbitration Generally Arbitration Awards The Supreme Court of India has...
Pendente Lite Interest and Future Interest Cannot be Awarded by ...
...both party autonomy and the efficiency of the arbitration process created by the FAA. The Court made clear that the parties’ autonomy extends to the arbitration process itself, but that...
Protecting Both the FAA and Party Autonomy: The Hall Street ...
Author: Paul Michell** Published: December 2004 Jurisdiction: International Topics: Commercial Disputes Dispute Resolution and Litigation AAA Description: I. INTRODUCTION Genuflection to the principle of party autonomy is common in international...
Party Autonomy and Implied Choice in International Commercial Arbitration* – ...
...primacy of party autonomy is usually regarded as the hallmark of contemporary arbitral legislation. In the past decade, the drive for maximum party autonomy has become the central theme for...
Party Autonomy in International Economic Arbitration: A Reappraisal – Vol. ...
...the principle of party autonomy a) is respected in ICSID arbitration and b) helps investors structure a dispute resolution mechanism that will facilitate the resolution of disputes with a host...
The Limitations of Party Autonomy in ICSID Arbitration – Vol. ...
...under FDI arbitration constrain States’ exercise of national sovereignty, particularly their regulatory autonomy to enact regulations and design policies to advance these public interests. FDI arbitration is tainted by incoherencies...
Effects of Foreign Direct Investment Arbitration on a State’s Regulatory ...
Author: Sam Blay** Published: December 1997 Jurisdiction: China Topics: Parties Description: As far back as 1956, the People’s Republic of China established the Foreign Trade Arbitration Commission (FTAC). Under the...
Party Autonomy in Chinese International Arbitration: A Comment on Recent ...
Author: Thomas E. Carbonneau* Published: March 2007 Jurisdiction: United States Topics: Responsibility of Arbitrators Recourse Against Award Generally Description: I. INTRODUCTION The consensus among like-minded national legal systems regarding standards...
At the Crossroads of Legitimacy and Arbitral Autonomy – Vol. ...
Author: Christopher Stippl** Published: January 1996 Jurisdiction: International Topics: Class Action Parties Multiple Parties Description: Economic development and internationalization of trade activities have led to highly sophisticated, interdependent markets where...
International Multi-Party Arbitration: The Role of Party Autonomy* – Vol. ...
Author: Mark B. Rees** Published: December 1997 Jurisdiction: United States Topics: Contractual Expansion or Limitation of Judicial Review Description: The Court of Appeals for the Second Circuit, in Halligan v....