...a manner that could be construed to be inconsistent with party autonomy. This raises questions like, how did this blow to party autonomy occur? What was the legislative intent of...
...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,...
...complete endorsement to parties’ autonomy of its choices of the seat of arbitration and law to govern the arbitration agreement itself and the underlying contract. Preluded by the 2025 judicial...
...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...
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...
...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...
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...
...Advice (Vol. 3(1-4) December 1992) Himanshu Raghuwanshi & Krishnanunni U, Unilateral Arbitrator Appointments in the US – A tussle between ‘Unconscionability’ & ‘Party Autonomy’ (Blog, February 22, 2021) Discovery Nika...
...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...
...of party autonomy. Not only is it the creature of party autonomy, in the sense that arbitration can only exist if it is willed by the parties, it is also...
...the U.K., the legal certainty of which had made London an attractive seat in the first place. While party autonomy, including the autonomy to keep awards confidential, must be respected,...
...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...
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