...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,...
...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...
...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...
...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...
...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...
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...
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...
...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...
...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...
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