...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...
Search Results for : Party Autonomy
...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 ...
...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. ...
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. ...
...India emphasized that party autonomy should be given priority, allowing purely domestic entities to select foreign seats of arbitration. As compared, there was not a full endorsement in Chinese Mainland...
An Awaited Echo of Party Autonomy: China’s New Arbitration ...
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 ...
...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 ...
...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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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 ...
...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 ...
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* – ...
...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...