...agreement? Will party autonomy prevail, or will such autonomy be overridden by agreement to the SIAC Rules? In this regard, the rules expressly provide that the rules and procedures set...
Search Results for : Limits to Party Autonomy
...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 ...
...if the challenging party successfully proves any of the following grounds: a party to the arbitration agreement was under some incapacity; the arbitration agreement is not valid under the law...
The Brazil-Nigeria Samba: From Partners in Business to Parties in ...
Author: Sam Blay** Published: December 1997 Jurisdiction: China Topics: Parties Description: As far back as 1956, the People’s Republic of China established the Foreign Trade Arbitration Commission (FTAC). Under the...
Party Autonomy in Chinese International Arbitration: A Comment on Recent ...
...under FDI arbitration constrain States’ exercise of national sovereignty, particularly their regulatory autonomy to enact regulations and design policies to advance these public interests. FDI arbitration is tainted by incoherencies...
Effects of Foreign Direct Investment Arbitration on a State’s Regulatory ...
...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 ...
...party, should disclose the existence of that third-party funding arrangement. At the very least, Professor Catherine Rogers, a leading commentator on third-party arbitration funding, commented in 2014 that “[w]hatever else...
Proposed Guidelines for the Disclosure of Third-Party Funding Arrangements in ...
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
...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
Author: Thomas E. Carbonneau* Published: March 2007 Jurisdiction: United States Topics: Responsibility of Arbitrators Recourse Against Award Generally Description: I. INTRODUCTION The consensus among like-minded national legal systems regarding standards...
At the Crossroads of Legitimacy and Arbitral Autonomy – Vol. ...
Author: Mark B. Rees** Published: December 1997 Jurisdiction: United States Topics: Contractual Expansion or Limitation of Judicial Review Description: The Court of Appeals for the Second Circuit, in Halligan v....
Halligan v. Piper Jaffray: The Collision between Arbitral Autonomy and ...
...conflict between party autonomy, the compétence-compétence principle, judicial intervention and the court’s duty to preserve legitimate claims. Striking a balance between these often-conflicting principles, in essence, can accurately be captured...