...take these statements into account,[3] and domestic courts have also recognized their status in recent years.[4] The effectiveness of such statements is most significant when made by all parties to...
Search Results for : %Court Decisions"
...national courts apply to determine the LGAA vary considerably across jurisdictions. This wide variation has received significant attention in recent years. Download Full PDF *Law Clerk, International Court of Justice;...
Favoring Validity: The Hidden Choice of Law Rule for Arbitration ...
...is truth to the principle of iura novit arbiter. Second, I will consider whether, in the absence of any legislation or court direction, the principle can still be held up...
Iura Novit Arbiter: Truth or Fiction? – Vol. 32, No. ...
...be after the international arbitration proceeding has been commenced. Just like in court litigation, parties may be ready to settle only after the adjudicatory process has begun and even has...
Protocols for International Arbitrators Who Dare to Settle Cases – ...
...international context, however, arbitration is often plagued by procedural delays and protracted in nature. Various solutions have been proposed to expedite international commercial arbitration, including an international arbitral court of...
“Fast-Track” International Commercial Arbitration: Proposed Institutional Rules* – Vol. 2 ...
...the Hague Rules that the rationale of extending arbitration as a method to settle business-related human rights disputes is the failure of national courts to adequately address them.[5] The Working...
Hague Rules on Business and Human Rights Arbitration: What Lies ...
...in court because it opened the possibility of exposing it to public scrutiny.” Subsequently, Hans often complained that the parties settled the matter before his award could be upheld by...
Hans Smit — Un Grand Homme – Vol. 23 No. ...
...but that party then failed to pay the attorney fees of its counsel. When counsel sued their client, the prevailing arbitration party, in a state court for the fees, the...
A Kiss for Arbitration Costs Allocation – Vol. 23 No. ...
...the limited value of this appraisal, and its misleading character for the inexperienced. The truth is that international commercial arbitration is by nature expensive. Unlike in court proceedings, there are...
Costs in ICC Arbitration: A Practitioner’s View – Vol. 3 ...
...“trained in international standards for conflicts of interest are less likely to accept much lower standards in domestic arbitration or in national court litigation.” Another example is judicial training. When...
TagTime with Prof. Catherine Rogers – Does International Arbitration Enfeeble ...
...Court of Arbitration of the International Chamber of Commerce. The views expressed are those of the author and in no manner bind the International Court of Arbitration or the International...
Laying Down a Gauntlet: The Thirty-Six Hour Chairman – Vol. ...
...highlighted as never before the shortcomings of litigation (i.e. Court proceedings) and in particular the high cost and inefficiencies involved in going to Court. Partly as the result of the...