...community outside of Germany. Third-Party Notice under German Procedural Law Third-party notice based on the ZPO is a popular tool whenever multiparty contracts are being litigated before German state courts:...
Search Results for : %22Bankruptcy of a Party%22
...under Section 91 as “a contract between the Third-Party Funder and a disputing party, an affiliate of that party, or a law firm representing that party, in order to finance...
Arbitration Finance in the Aftermath of a Pandemic: Third-Party Funding ...
...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...
Single-Party Arbitrator Nomination as a Ground of Annulment in India
...third-party funding. [1] Cecilia Azar, Conflicts of Interest in International Arbitration: Debates and dilemmas surrounding third-party funding and party representation, TagTime (June 10, 2020), available at https://member-delosdr.org/video-tagtime-cecilia-azar-on-conflicts-of-interest-in-international-arbitration-debates-and-dilemmas-surrounding-third-party-funding-and-party-representation/. [2] Article 1428...
TagTime with Cecilia Azar – Conflicts of Interest in International ...
...Chief among these approaches is Third Party Funding (“TPF”). Through TPF, an irrelevant party with no prior connection to the case, agrees to invest in the legal claim by covering...
Negotiating Funding Arrangements: Trick or Treat
...the behest of the arbitral tribunal, or only upon the request of a party after it has been granted permission by the arbitral tribunal. I also suggest that a party...
Using 28 U.S.C. § 1782 to Assist a Private International ...
...resolved by attaching lesser weight to the expert’s testimony. For example, a Party may appoint an expert as a hired gun, where the expert favors the party appointing him by...
Crystalizing Jurisprudence: Assessing An Arbitral Tribunal’s Competence To Exclude A ...
...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...
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...party, should disclose the existence of that third-party funding arrangement. At the very least, Professor Catherine Rogers, a leading commentator on third-party arbitration funding, commented in 2014 that “[w]hatever else...
Proposed Guidelines for the Disclosure of Third-Party Funding Arrangements in ...
...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,...
Unilateral Arbitrator Appointments in the US – A tussle between ...
...of the Contracting Party, party to the dispute, including its rules on the conflict of laws, the law governing the authorization or agreement and such rules of international law as...
Empirics-Based Umbrella Clause Interpretation
...if the challenging party successfully proves any of the following grounds: a party to the arbitration agreement was under some incapacity; the arbitration agreement is not valid under the law...