...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...
Search Results for : Limits to Party Autonomy
...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 ...
...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 ...
...international commercial arbitrations. This will provide a good illustration of, not only the liberalizing trend in Canada to the provision of judicial assistance, but also the limits of this trend....
Letters Of Request: Will A Canadian Court Enforce A Letter ...
...has come to ponder (1) the quality of output of IA as a normative system; (2) whether we have reached the limits of the current construct of IA; and (3)...
Disruption is the New Black: Practical Thoughts on Keeping International ...
...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 ...
...method for resolving international commercial disputes. The objective of this article is to provide an analysis of the considerations relevant to determining the limits, if any, to the ability of...
Judicial Deference to the Authority of Arbitrators to Interpret and ...
...source principle, giving rise to more precise doctrines with defined elements and consequences, such as lis pendens, res judicata or issue estoppel. Further, comity limits the availability of anti-suit injunctions....
Coordination or Chaos: Do the Principles of Comity, Lis Pendens ...
...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
...AND ITS LIMITS George Bermann WHEN CORRUPTION MEETS ISDS: SHIELD, SWORD, ESCAPE HATCH, OR ALL OF THE ABOVE? Kabir Duggal and Andrés Alvarez Calderón CHALLENGES TO THE SUBSTANTIVE JURISDICTION OF...
Volume 36: Issue 2 (March 2026)
Author: William R. Spiegelberger* Published: July 2020 Jurisdictions: Russia Ukraine Korea China International Topics: Enforcement of Arbitral Awards Grounds for Refusal of Enforcement Arbitral Process Time Limits Formal Requirements Costs...
Russia Report: The Enforcement of Foreign Arbitral Awards in 2018 ...
...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...