...the U.K., the legal certainty of which had made London an attractive seat in the first place. While party autonomy, including the autonomy to keep awards confidential, must be respected,...
Search Results for : Party Autonomy
...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
...based preconditions, on account of the two principles of party autonomy and party consent,[5] that led to the inclusion of these contractual preconditions in the first place.[6] Due to these...
Whether Contractual Preconditions to Arbitration should be regarded as ‘Impediments’ ...
...community outside of Germany. Third-Party Notice under German Procedural Law Third-party notice based on the ZPO is a popular tool whenever multiparty contracts are being litigated before German state courts:...
Third-Party Notices: The Participation of Non-Parties in Arbitral Proceedings Based ...
...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...
Confidentiality in International Commercial Arbitration: Determining Factor for Safeguarding the ...
...under Section 91 as “a contract between the Third-Party Funder and a disputing party, an affiliate of that party, or a law firm representing that party, in order to finance...
Arbitration Finance in the Aftermath of a Pandemic: Third-Party Funding ...
Authors: Sakshi Srivastava* Jurisdictions: India Topics: Third-Party Funding Domestic Arbitration Law Third Party Funding In India Third Party funding (hereinafter referred to as TPF) is essentially a new package...
Third Party Funding In Arbitration In India
...The underlying nature of arbitration as a consent-driven mechanism which is based upon party autonomy confirms that arbitrators are not primarily entrusted with the mission of defending public interests like...
The Role of Blocking Regulations in International Arbitration: A Ground ...
...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 ...
...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
...choose arbitration is because they have a choice in appointing the arbitrator. Efforts to promote diversity that impede on party autonomy are likely to be met with opposition from some...
A 360-Degree, Kaleidoscopic View of Diversity and Inclusion (or Lack ...
...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...