...of the Court that the parties had stipulated to extend the deadline for rendering of the award to January 8, 1992. Not having been apprised of the time limits specified...
Search Results for : Limits to Party Autonomy
...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)
...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 ...
...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
...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 ...
...where the said award is to be enforced. Awards that violate or breach public policy would be rendered unenforceable.[6] A lacuna that remains unaddressed here is the limits and the...
Assessing the Public Policy Exception and Comparative Perspectives in Enforcing ...
...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
...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...
Arbitration: A Flourishing Legal Institute
...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
...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?
...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...