Authors: Allen Waxman, Russ Bleemer and Anna M. Hershenberg Jurisdiction: International Topics: Arbitrators and Arbitral Tribunals CPR Confidentiality Responsibility of Parties Arbitrability Time Limits Discovery You can...
Search Results for : Limits to Party Autonomy
...Article 17(1) ECT had been satisfied (Rosserlane, para 484). In the reasoning that became dispositive (Rosserlane, paras 572-587), the tribunal accepted neither party’s arguments in full. Although it accepted the...
Lessons From Rosserlane: Forum Selection Beyond The Award
...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...
Final Offer Arbitration: A Model for Dispute Resolution in Domestic ...
...tourism project after Libya’s 2011 revolution: one of the largest awards ever rendered against a state in these circumstances. The case’s aftermath, however, is a cautionary tale about the limits...
The Last Court Standing: Arbitration in a World at War ...
...circumstances (Article 62). Moreover, the VCLT does not provide for any unilateral suspension or modification owing to conflicts, political tensions and aggression of one party. The VLCT does not provide...
The ‘Abeyance’ of the Indus Water Treaty: A strategic interpretative ...
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 ...
...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 ...
...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 ...
...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 ...
...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
...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
...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...