...certain extent, plays a role in how much confidentiality the opposing parties may claim, and the parties have often contracted around the domestic default rule to add even more confidentiality....
Search Results for : Parties
...evidence by agreeing to arbitrate a claim. They also recognize that the current arbitration practice on the taking of evidence in international arbitration can be unfavorable to Anglo-American parties where...
Disclosure Requests in International Commercial Arbitration: Finding a Balance Not ...
...of International Arbitration, Facts and Figures, 2017 Casework Report (2017). [34] See Arbitral Institutions Respond to Parties’ Needs, White and Case Press Release (Ap. 10, 2017), available at: https://www.whitecase.com/news/press-release/arbitral-institutions-respond-parties-needs. [35]...
A 360-Degree, Kaleidoscopic View of Diversity and Inclusion (or Lack ...
Author: Giorgio Bernini* Published: May 2013 Description: INTRODUCTION The necessity of an explanatory introduction stems from the circumstance that this article on Jivraj v. Hashwani consists of two parts, written...
The Parties’ Right to Choose Their Arbitrator and the Prohibition ...
Author: Katherine Belton** Published: May 2013 Description I. INTRODUCTION Hanotiau has questioned whether the matter of non-signatories, and the academic debate it generates, is not simply a “false problem.” Certainly,...
Game, Set, and Match: Enforcement of Arbitral Awards Against Non-Signatory ...
...by authorizing lower courts to provide parties such relief.[6] In 2015, the Arbitration Act was amended to expressly allow parties to request provisional measures from a Brazilian court either prior...
Provisional Measures in Aid of Arbitration in Brazil
Author: Xiaowen Qiu** Published: October 2000 Jurisdictions: China United States Topics: Categories of Disputes Investment Disputes Enforceability of Arbitration Agreements CIETAC Description: China’s decision to open itself to the outside...
Enforcing Arbitral Awards involving Foreign Parties: A Comparison of the ...
...documents the parties’ agreement as to the content of written submissions” and continued to state that any claim made by the parties would have to be accompanied by written witness...
Lessons from the Past: Avoiding the Frankfurt Surprise in the ...
...mandatory on the parties. Even though the judgment required only actual compliance, the court observed that even if only “substantial compliance” is required, parties would be motivated to comply. The...
Whether Contractual Preconditions to Arbitration should be regarded as ‘Impediments’ ...
...arbitral tribunals still need to be mindful of observing the parties’ rights to be heard and treated equally in order to render an enforceable award.[11] 1. Parties’ Right To Be...
Is it appropriate to conduct a remote hearing under the ...
...sought, arbitration proceedings were within the reasonable contemplation of the parties. The order comes on the heels of the Supreme Court dismissal of Servotronics Inc. v. Rolls-Royce PLC[7] without deciding...
Using 28 U.S.C. § 1782 to Assist a Private International ...
...all reasons upon which it is based, unless the parties have agreed that no reasons are to be stated therein.” Hence, the parties can include a waiver of reasons requirement...