...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...
Search Results for : %22Third-party Funding%22
...funding, the award review tribunal, grounds for setting aside an arbitral award, and the limitation period for enforcing an award.[12] For example, the bills would allow a party to request...
The Brazil-Nigeria Samba: From Partners in Business to Parties in ...
...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 ...
...a brand-new provision on third-party funding (AR 14) which identifies elements of “third-party” and defines coverage of third-party funding. Second, the increasing applications for security for costs led to the...
TagTime with Meg Kinnear – Tracking the Evolution of the ...
...firmly established that a party has a right to a judicial determination of whether that party consented or did not consent to arbitrate. In Beijing Shougang, a recent Second Circuit...
ARIA Report: “Arbitration in Two Worlds: U.S. and Brazilian Perspectives ...
...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 sub-committee of the Hong Kong Law Reform Commission which reviewed the law on Third Party Funding in Arbitration. Luke Sobota is a founding partner of...
Our Boards
...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
...and resolve the dispute by one party using the party-approved preconditions to arbitration, regardless whether the other party responds or not, to prove that there was an intention to comply...
Whether Contractual Preconditions to Arbitration should be regarded as ‘Impediments’ ...
...arbitral tribunal, allocation of costs and third-party funding, as well as establishing rules making arbitration involving corporate litigation non-confidential and requiring proper disclosure of information about the commencement and development...
Overview of Securities Arbitration in Brazil: Challenges and Developments
...A party, which owned a site that was to be visited, notified the tribunal about four days before the scheduled visit of its objection to the counterparty being present on...
TagTime with Prof. Nayla Comair-Obeid – Robust Arbitrators: How to ...
...be chosen and each party may desire that one member of the tribunal be familiar with its own law and customs. Party-appointed arbitrators also may be expected to play a...