...— founded on the principle of party autonomy — that favors arbitration and severely limits judicial intervention in the arbitral process. Nor did the court give due recognition to the...
Search Results for : %22Time Limits%22
...interplay of law and politics at the WTO raises systemic questions about the uses and limits of judicialized dispute resolution at the international level. The paper implicitly raises a number...
The WTO’s Legitimacy Crisis: Reflections on the Law and Politics ...
...notices [Streitverkündung] may be adopted in international arbitration to increase the efficiency of dispute resolution beyond its current limits. Following a complex dispute involving multiple parties across several layers of...
Third-Party Notices: The Participation of Non-Parties in Arbitral Proceedings Based ...
...system implemented in CETA might offer guidance for future reforms of the ECT. Art. 8.31(2) CETA, for example, limits the tribunal’s interpretative powers, effectively barring the tribunal from autonomously interpreting...
Lights Out for the Energy Charter Treaty? The ECJ’s Next ...
...recently begun to point out that this type of international arbitration limits the protection of some human rights, such as the rights to water, health, a healthy environment, and the...
TagTime with Dr. Yas Banifatemi – Arbitration as a means ...
...awards, but ample consideration must be given to the limits imposed by the equally important general principles of transnational public policy standards. It is uniformly accepted that arbitrators must apply...
The Role of Blocking Regulations in International Arbitration: A Ground ...
...in Art. 6. She noted that some commentators have raised concern that limits on multiple roles could create barriers to new entrants to the field and counter the effort made...
TagTime with Meg Kinnear – Tracking the Evolution of the ...
...method for resolving international commercial disputes. The objective of this article is to provide an analysis of the considerations relevant to determining the limits, if any, to the ability of...
Judicial Deference to the Authority of Arbitrators to Interpret and ...
...as authentication by a Brazilian consulate and sworn Portuguese translation. Brazilian law limits the grounds that can be raised by a respondent against whom recognition is sought. The grounds that...
The Brazil-Nigeria Samba: From Partners in Business to Parties in ...
...2005). [10] Enron Corporation and Ponderosa Assets, L.P. v. Argentine Republic, ICSID Case No. ARB/01/3, Award, ¶¶ 53-67 (May 22, 2007). [11] Sempra Energy International v. Argentine Republic, ICSID Case...
Necessity in Investment Arbitration: Boosting the ICSID System’s Legitimacy
...has come to ponder (1) the quality of output of IA as a normative system; (2) whether we have reached the limits of the current construct of IA; and (3)...
Disruption is the New Black: Practical Thoughts on Keeping International ...
...international commercial arbitrations. This will provide a good illustration of, not only the liberalizing trend in Canada to the provision of judicial assistance, but also the limits of this trend....