...international arbitration remains a persistent source of debate. The basic problem is a straightforward one: contractual arbitration arises as a matter of the parties’ consent, but the resolution of contractual...
Search Results for : International
Author: Paul Michell** Published: December 2004 Jurisdiction: International Topics: Commercial Disputes Dispute Resolution and Litigation AAA Description: I. INTRODUCTION Genuflection to the principle of party autonomy is common in international...
Party Autonomy and Implied Choice in International Commercial Arbitration* – ...
...international arbitration, we should be clear at the outset that we are mostly concerned here with international, perhaps transnational,1 mandatory rules, leaving for another time a discussion on domestic mandatory...
Mandatory Rules Of Law In International Arbitration: What Are Mandatory ...
...Israeli companies Solel Boneh International Ltd. and Water Resources Development (International) Ltd. (collectively the “Israeli parties”). In its decision, the Supreme court treated two questions of great importance to international...
Judicial Review in International Arbitration: The Swedish Supreme Court Decision ...
Author: M. Scott Donahey** Published: August 1996 Jurisdiction: International United States Topics: Commercial Disputes Dispute Resolution and Litigation Description:Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc. is the culmination of three...
From the Bremen to Mitsubishi (and Beyond): International Arbitration Adrift ...
...by certain Chinese scholars. Such clarification is of particular relevance amid the current debate on a potential backlash against international investment arbitration. The Western scholars’ approval of China’s liberalization in...
International Investment Law with Chinese Characteristics: Zooming in on China’s ...
...disputes by an adjudicative process. In international arbitration, a party is required to prove facts necessary to establish its claim or defense. Adequate evidence in a party’s possession is often...
Disclosure Requests in International Commercial Arbitration: Finding a Balance Not ...
Author: Lee D. Neumann** Published: October 1990 Description: Within the last several years, Switzerland and Belgium have enacted laws that purport to offer legal environments especially favorable to international commercial...
Limiting Judicial Review in International Commercial Arbitration: The New Swiss ...
...complicated and may delay the proceedings substantially. This obstacle especially affects international arbitration since the seat of the tribunal is often chosen in light of its neutrality so that evidence...
Judicial Assistance By German Courts in Aid of International Arbitration ...
Authors: Frederick A. Acomb and Nicholas J. Jones* Published: October 2016 Description: Imagine that you are defending the respondent in an international arbitration administered by an institution headquartered in a...
The Insider Adversary in International Arbitration – Vol. 27 No. ...
...a presence of some kind and areas which non-minorities dominate essentially to the exclusion of U.S. minorities. This paper examines from an American perspective the color line in international commercial...
The Color Line in International Arbitration: An American Perspective – ...
...with such meanderings, however, reality requires a more sobering perspective. In the corporeal world of domestic and international arbitration, the FAA has proved awkward and sadly deficient and some scholars...