...One of the most important aspects of party autonomy is that the parties can select their own procedure for arbitration. Indian Prime Minister Narendra Modi announced that the government would...
...given the opportunity to select their arbitrators. This freedom to select arbitrators is an important consideration for parties in deciding to include an arbitration agreement in their contract. Parties may...
...meets the “clear and unmistakable” standard parties have to demonstrate for an arbitrator’s review of arbitrability.[2] In Schein, the parties, who were both distributors of dental equipment, entered into a...
...the case at hand, the parties in all the contracts were the same, the same restrictive approach could not be applied. The parties had access to all the prior contracts;...
...witnesses or their punishment for neglect or refusal to attend in the courts of the United States. Under § 7, the ability of the parties to, and arbitrators in, domestic...
...jurisprudence where states are seeking to rely on human rights standards to justify measures taken[13] and where states seek to apply human rights standards to investors.[14] It is not sufficient...
Author: Satyajit Bose* Jurisdiction: International Topics: ICSID Investment Disputes Enforcement of Arbitral Awards Arbitral Awards In response to the outbreak of the Novel Coronavirus (“Covid-19”), States across the world have...
...are directly involved in commercial dealings with non-state parties, especially trans-national corporations. He addresses the predominantly espoused prejudices by commercial parties from the developed states and concludes that these were...
...deemed non-arbitrable by a Singaporean Court if arbitrating such a matter would be contrary to public policy under the law chosen by the parties to govern the arbitration agreement. Thereafter,...
Authors[1]: Flávio Luiz Yarshell*, Michael A. Fernández**, Gustavo Favero Vaughn*** Jurisdiction: Brazil Canada United States Topics: Discovery Specialized Arbitration International Litigation In ZF Automotive U.S., Inc. v. Luxshare, Ltd.,...
...on its own motion, after having invited the parties to express views, the arbitral tribunal may order the production of documents or other evidence in the parties’ possession or control...
...of the United States, under United States law. In its influential Case No. A18, the Full Tribunal determined that it had jurisdiction over the claims of dual Iranian-United States nationals...
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