...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...
Search Results for : Limits to Party Autonomy
...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?
...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 ...
...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 ...
...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
...& 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)
...awards.2 While it may appear that this decision demonstrates long overdue Ninth Circuit compliance with the federal policy favoring arbitration, the decision subtly limits the FAA’s role in enforcing arbitral...
The Veil of Acquiescence: Between the Lines of an Intuitive ...
...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 ...
...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...
Fast-Track on the International Scene – Vol. 2 No. 2
...Tribunal and Annulment Arbitral Process Time Limits Description: In 1963, the Buenos Aires Chamber of Commerce (Bolsa de Comerdo de Buenos Aires), an organization established both for promoting Argentina’s stock...