...arbitration has emerged in the United States. Called final offer, or last-best offer, arbitration, the dispute resolution procedure limits an arbitrator to choosing the final offer made by one of...
Search Results for : Limits to Party Autonomy
...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...
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 ...
...from a recalcitrant party. Even here, it has been noted, the ability of arbitrators to ensure exchanges of information is uncertain, the tribunal’s power of enforcement being quite “limited” in...
Evidence and Discovery in American Arbitration: The Problem of Third ...
...in the contract. Party autonomy prevails under the CISG. Case Law and Practical Examples Government contract cases under the CISG are less common than private ones, but those reported...
Government Contracts and the CISG: Frenemies?
...the PCA, ICSID, and ICC codifying standards in their Rules, requiring traceability and human oversight of AI-based services. The third option relies on party autonomy, allowing parties to negotiate AI-use...
Artificial Intelligence in International Arbitration: a Rule of Law Perspective
...Justifications for the Supreme Court’s Decision in Hall Street Associates Mark Beckett Protecting Both the FAA and Party Autonomy: The Hall Street Decision David W. Rivkin and Eric P. Tuchmann...
Volume 17: Issue 4 (December 2008)
...entering into cross-border M&A transactions. Fifth, arbitration affords the parties in cross-border M&A significant autonomy. In contrast with litigation, where judges are appointed by the state, in arbitration parties benefit...
Arbitration In Cross-Border Merger & Acquisition Transactions: An Advantage?
...& Comments International Multi-Party Arbitration: The Role of Party Autonomy Christopher Stippl Jurisdiction At Bay? The Validity of Foreign Arbitration Clauses in Maritime Bills of Lading under Section 3(8) of...