...Arbitral Tribunal Comprehensive Agreement on Investments Confidentiality Confidentiality and Publication Consolidation of Proceedings Contents of the Arbitration Agreement Contract Interpretation Contractual Expansion or Limitation of Judicial Review Contractual or Consensual...
Search Results for : Choice of Forum/Place of Proceedings
Author: Otto Sandrock* Published: April 2010 Jurisdiction: Europe Topics: Choice of Forum/Place of Proceedings Standard and Model Arbitration Clauses Description: I. INTRODUCTION Before parties enter into international contracts, attorneys often...
The Choice Between Forum Selection, Mediation and Arbitration Clauses: European ...
Author: Richard Kreindler* Published: December 2006 Jurisdiction: International Topics: Categories of Disputes Commercial Disputes Investment Disputes Arbitral Process Choice of Forum/Place of Proceedings Description: The focus of my remarks is...
Arbitral Forum Shopping: Observations on Recent Developments in International Commercial ...
Author: Yarden Hodes Jurisdiction: China Topics: Choice of Forum/Place of Proceedings Investment Disputes Dispute Resolution and Litigation ADR China’s trillion-dollar infrastructure and development project, the One Belt One Road (OBOR)...
Forum Shopping: The One Belt One Road Initiative
...governing law: 1) look for an express choice of law in the main contract, 2) in the absence of an express choice, consider an implied choice, and 3) absent an...
Reinforcing the Position on Governing Law of Arbitration Agreement: An ...
Author: Boma Briggs * Jurisdictions: International Topics: Diversity Choice of Forum/Place of Proceedings Proposals to Create an International Arbitration System Introduction: May I Have a Seat? Businesses across the globe...
A Case for Diversity in the Seat of Arbitration
...provide the applicable law unless the party resisting arbitration specifically challenges the choice-of-law clause. Part IV surveys the choice-of-law practices of U.S. courts in arbitration agreement enforcement proceedings, particularly when...
A Harmonizing Framework for Choice-of-Law Practices in U.S. Judicial Enforcement ...
...proceeding may not or cannot so provide, either by reason of limited power, nature of the proceedings, biased proceedings, vexatious proceedings, etc. Therefore, the function of anti-arbitration injunctions is not...
Anti-Arbitration Injunctions: The Endless Tussle for Jurisdiction
...this “choice of remedies” is “the heart of [the Model Law’s] entire design.” The “choice of remedies” that the court dealt with was that between the active remedy found in...
Choice of Active Remedies Under the UNCITRAL Model Law — ...
Author: Howard M. Holtzmann* Published: December 1992 Topics: Nationality of Arbitrators Commercial Disputes Arbitral Process Choice of Forum/Place of Proceedings Enforcement of Arbitral Awards International Institutions and Rules Description: All...
The Geopolitics of Arbitration – Vol. 3 No. 1-4
Author: George A. Bermann* Published: May 2017 Jurisdiction: International Topics: Commercial Disputes International Character of Dispute Law Applicable to Procedure International and Transnational Law Arbitral Process Choice of Forum/Place of...
“International Standards” as a Choice of Law Option in International ...
Author: Leila Anglade** Published: May 2002 Jurisdiction: Ireland Topics: Authority of the Arbitral Tribunal Arbitrators and Arbitral Tribunals Arbitral Process Choice of Forum/Place of Proceedings Costs and Damages Court Decisions...