...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...
Search Results for : Limits to Party Autonomy
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...
International Commercial Arbitration Involving a State Party and the Defense ...
...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 ...
...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 ...
...issues. This is an unfortunate consequence of the fact that arbitration clauses and rules regularly put very short time limits on this important process. The subject of arbitrator selection involves...
The Selection of Arbitrators – Vol. 5 No. 1-4
...favor of a form-over-substance interpretation, holding that tribunals were not supposed to impose arbitrary limits on the scope of BITs. In contrast, Professor Prosper Weil, dissenting, disregarded the Lithuanian entity...
TagTime with Alvin Yeo SC – Indirect Investments in Investor-State ...
Author: William R. Spiegelberger* Published: July 2020 Jurisdictions: Russia Ukraine Korea China International Topics: Enforcement of Arbitral Awards Grounds for Refusal of Enforcement Arbitral Process Time Limits Formal Requirements Costs...
Russia Report: The Enforcement of Foreign Arbitral Awards in 2018 ...
Author: Dina D. Prokić* Published: May 2018 Jurisdiction: International Topics: Arbitrators and Arbitral Tribunals Compensation of Arbitrators Arbitral Awards Time Limit for Rendering Award Arbitral Process Time Limits Costs and...
Mitigating Arbitration’s Flaws? The 2017 ICC Expedited Procedure Rules – ...
...awards.2 While it may appear that this decision demonstrates long overdue Ninth Circuit compliance with the federal policy favoring arbitration, the decision subtly limits the FAA’s role in enforcing arbitral...
The Veil of Acquiescence: Between the Lines of an Intuitive ...
...override the express statutory framework of the Arbitration Act, which deliberately limits judicial interference to ensure the sanctity of the arbitration process. India’s Arbitration Act mirrors the New York Convention,...
A Supreme Blow to Finality of Arbitral Awards and India’s ...
...stop procedure would help break new ground in healthcare? Clearly, nothing is off limits when it comes to cross-pollination of ideas. Steve Jobs, another purveyor of cross-pollination of ideas, masterfully...
Reimagining Webinars
...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...