...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...
Search Results for : Limits to Party Autonomy
...& 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)
...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 ...
...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)
...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 — ...
...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 ...
...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...
Enforcing Arbitral Awards on Expropriation Under the Environmental Magnifying Glass
...GDPR can be applicable to the party completely independent of the EU as it provides a wide scope of application. It can be applicable to the entities in the EU...
International Arbitration: A Miscellany of Data Protection Regimes and its ...
Author: Andreas Austmann* Published: October 1990 Description: The last decade has witnessed a growing discussion over the topic of multi-party proceeding in domestic and international commercial arbitration. How shall we...
Commercial Multi-Party Arbitration: A Case-by-Case Approach – Vol. 1 No. ...
...to the same economic operation. Multi-party contractual relationships also arise in different contexts, which partly overlap with the multi-contract situations. A first scenario is when A, B and C (and...
Multi-Party and Multi-Contract Arbitrations: Procedural Mechanisms and Interpretationof Arbitration Agreements ...
...arbitration business. To make arbitration more attractive to foreign parties, several countries have, in recent years, amended their arbitration laws, narrowing the grounds for challenging awards and enhancing party autonomy...