...only within narrow limits. An applicable-law clause of the kind found in Article 5(b) is conventionally understood to govern the law by which a tribunal resolves the substance of a...
Search Results for : Limits to Party Autonomy
...an Algerian shipowner. Despite the plaintiff’s repeated denials of being a party to that charterparty, the tribunal determined that he was the party’s undisclosed principal. In order to obtain a...
Seated Elsewhere, Sued at Home: Pakistan’s Unheard Answer to Star ...
...to termination and recission. In some jurisdictions, to terminate a contract for breach by the other party, the terminating party must have “clean hands” (as in, acting in good faith)....
TagTime with Prof. Dr. Mohamed S. Abdel Wahab – Good ...
Author: Tom Childs* Published: October 2015 Description: I. INTRODUCTION The issuance of a “final” arbitral award may only mark the midway point in an international commercial dispute. The losing party...
Enforcement of International Arbitral Awards: Should a Party be Allowed ...
...a party to demonstrate that its allegations are more likely true than those presented by the opposing party, establishing a genuine dispute where the winner is the one who provides...
Leniency Agreements and the Standard of Proof in Investor-State Arbitration: ...
...or a governmental or public entity is a party.[3] The Arbitration Statute provides substantially identical legal grounds for setting aside an international arbitral award issued in Colombia or refusing the...
Reviewing Colombian Supreme Court Judgments on International Arbitral Awards
...the ICISD Convention in the arbitration agreement, this post will question its automatic application to an arbitration administered by ICISD. This distinction may leave the requesting party, i.e., the claimant,...
A Potentially Vast Procedural Framework for ICSID Arbitration Provisions Silent ...
...concept of consent is central to arbitration, convenience must be weighed against preservation of party autonomy. Download Full PDF *Notes and Comments **J.D. Candidate, Columbia University School of Law, 1995....
International Approaches to Court Ordered Consolidation of Arbitral Proceedings* – ...
...Law on International Commercial Arbitration. In addition, the proposed revisions make arbitration easier for private parties by encouraging party autonomy and minimizing judicial interference. Most practitioners have received the proposed...
Chinese Ministry of Justice Proposes Amendments to its Arbitration Law
...virtue implicitly promoted throughout the book—is indispensable in arbitration. Arbitrators must recognize the limits of their own expertise and rely on expert testimony, party submissions, and collaborative deliberation within the...
Humanism and Responsibility in Arbitral Decision-Making Lessons from Letters to ...
...and the lack of consensus in identifying with precision the limits of confidentiality.[29] The law in Italy is less clear than in England as to whether or not there is...
The Recent Amendment of Italy’s Arbitration Law and the Ongoing ...
...Additionally, when a business’s reputation is threatened, arbitration provides a speedy resolution of a dispute and by this, limits potential harm to the business.[9] To prevent future human rights abuse...