...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...
Search Results for : Limits to Party Autonomy
...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)
...& 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...
Volume 7: Issue 1 (January 1996)
...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?
...contended that party-agreed expanded judicial review is consistent with the procedural flexibility and party autonomy that are hallmarks of arbitration. The opposing camp warned that allowing partydefined standards of review...
Beyond Agnosticism: The Policy Justifications for the Supreme Court’s Decision ...
...the respect for far-reaching party autonomy and a minimum of judicial intervention. While these principles are widely recognized today, at the time when the first German arbitration law entered into...
Arbitration in Germany* – Vol. 25 No. 2
...be particularly relevant: the extent to which party autonomy is protected; controls on quality and qualifications of those appointed; the efficiency and speed of appointment; the extent to which problems...
Composition and Establishment of the Tribunal Articles 14 to 36 ...
...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 ...
...the Contracting party receiving the investment. For the avoidance of doubt, an investor of one Contracting Party must make its investments “in the territory of” the other Contracting Party. This...
Bangladesh’s Regime Change – The India-Bangladesh BIT (2009) and the ...
...or overlapping subject-matter with only one common party, it may reasonably cause an objective observer to conclude that there is a real possibility of bias. However, whether an objective observer...
Subject Bias – The Blurring Lines Between Practitioners and Arbitrators
...(“UNCITRAL”) Model Law on International Commercial Arbitration (the “Model Law”) is not a “one-shot remedy.” That is, a failure by a party to utilize its “active remedy” of seeking judicial...
Choice of Active Remedies Under the UNCITRAL Model Law — ...
...party in the territory state either directly depriving the foreign investing state from the ownership and use of the said property, or indirectly by imposing strict regulatory measures which materially...