...action aimed at rescinding an arbitral award; and the cognitive limits of the proceedings for recognizing and enforcing foreign arbitral awards. All of this will gradually be resolved, including through...
Search Results for : Limits to Party Autonomy
...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....
Letters Of Request: Will A Canadian Court Enforce A Letter ...
...source principle, giving rise to more precise doctrines with defined elements and consequences, such as lis pendens, res judicata or issue estoppel. Further, comity limits the availability of anti-suit injunctions....
Coordination or Chaos: Do the Principles of Comity, Lis Pendens ...
...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 ...
...is set out (Section II). Finally, the scope of the information to be protected by the confidentiality, as well as the limits to that protection, are outlined (Section III). Download...
Arbitration And Confidentiality – Vol. 7 No. 3-4
...Limits of Contract: The New Trilogy Alan Scott Rau The Supreme Court Trilogy and Its Impact on U.S. Arbitration Law George A. Bermann *We mourn the loss of Professor Hans...
Volume 22: Issue 3 (March 2012)
...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 ...
...decisive to the outcome of the case. In situations where a party believes the other party has documents helpful to its case, can that party expect discovery or disclosure of...
Disclosure Requests in International Commercial Arbitration: Finding a Balance Not ...
...picture is sometimes grudging. The voices of proponents of “a-national” arbitration have not been stilled in the half century since they were first heard. Nonetheless, if a party that has...
Institutional Rules and Arbitral Jurisdiction: When Party Intent is Not ...
...connection to either. For instance, let us assume a party from the United States and a party from Singapore choose Paris as the arbitral seat and English Law as the...
Determining Arbitrability at the Pre-Award Stage: An Analysis of the ...
...was stated that third-party funders are driven by business concerns and market realities rather than legal concerns. The panelists disagreed, however, on whether the fact that third-party funders are financing...
Columbia Arbitration Day 2020
Author: Renata Brazil-David* Published: December 2011 Description: I. THE GROWING IMPORTANCE OF INTERNATIONAL COMMERCIAL ARBITRATION INVOLVING A STATE PARTY One of the most remarkable developments in international commercial arbitration is...