...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...
Search Results for : Limits to Party Autonomy
...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 ...
...contractual curtailment, there is no demand on public resources; party autonomy should override quality concerns if parties willingly accept the courts’ limited review role and the enforcement difficulties that will...
Ariadne’s Thread: Assessing Public Policy Limits to Contractually Modifying the ...
...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
...of party autonomy. Not only is it the creature of party autonomy, in the sense that arbitration can only exist if it is willed by the parties, it is also...
Mandatory Rules and International Arbitration – Vol. 23 No. 1
...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...
Party Autonomy in International Economic Arbitration: A Reappraisal – Vol. ...
Author: Alan Scott Rau* Published: March 2012 Description: The American law of arbitration has for some reason been replete with what we have become accustomed to call “trilogies” – and...
Arbitral Power and the Limits of Contract: The New Trilogy ...
...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 ...
...courts or authorities of that Party and any meaning given to domestic law by the Tribunal shall not be binding upon the courts or the authorities of that Party.” [34]...
Lights Out for the Energy Charter Treaty? The ECJ’s Next ...
...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. ...
...in most countries. Confidentiality has not been made mandatory under the UNCITRAL Model Law. On the contrary, party autonomy has been given a higher pedestal. Furthermore, the UNCITRAL Arbitration Rules...