...investors from emerging markets to exercise their party autonomy and access more sophisticated legal orders, and it enables them to claim international property rights protection perceived to be stronger than...
Search Results for : Limits to Party Autonomy
Articles Party Autonomy in International Economic Arbitration: A Reappraisal Klaus Peter Berger Recent Developments in Commercial Arbitration in the Republic of Korea: The Revised Rules of the Korean Commercial Arbitration...
Volume 4: Issue 1 (January 1993)
...have no application in international arbitration, because their application is inconsistent with the doctrine of party autonomy and the right of the parties to select the procedural and substantive rules...
Mandatory Rules In International Commercial Arbitration: An English Law Perspective – ...
Authors: Eduardo Palmer* and Eliana Lopez** Published: April 2004 Topics: Commercial Disputes Dispute Resolution and Litigation ADR Enforcement of Arbitral Awards Enforceability Description: I. INTRODUCTION The principle of party autonomy...
The Use of Multi-Tiered Dispute Resolution Clauses in Latin America: ...
...for dispute resolution in which the disputants are able to exercise tremendous autonomy facilitated by a neutral third party who has no binding authority to settle their dispute. As opposed...
The Enforcement of Mediation Settlement Agreements in China* – Vol. ...
...rule of law and how they became relevant to arbitration. The third portion deals with issues of party autonomy with respect to the social contract, the primary role of which...
The Role of Tribunals and Courts in Preserving the Rule ...
...which are mandatory in nature, i.e. which the parties cannot derogate from, hence which do not leave room for party autonomy, whatever their source or their name may be. This...
Mandatory Rules Of Law In International Arbitration: What Are Mandatory ...
...of party autonomy and the language of Section 4 of the Federal Arbitration Act (or “FAA”), and to move closer to the prevailing international view on consolidation. However, the Boeing...
Consolidation of International Arbitrations in the United States in the ...
...the party possessing it. (b) A party invoking the confidentiality of any information it wishes or is required to submit in the arbitration, including to an expert appointed by the...
Disclosure of Trade Secrets and Other Confidential Information Article 52 ...
...Most Favored Nation These clauses guarantee that the respective state parties to a treaty treat one another no less favorably than any other state party they have entered into a...
India’s ban on Chinese apps: Could India face the fire ...
...discrimination by one Party against investors of another Party, favoritism and protectionism for a Party’s own products or industries, environmental issues, and job flight. The United States-Canada Free Trade Agreement...
North American Free Trade Agreement: Dispute Resolution Procedures* – Vol. ...
...Western party. If the Western party is awarded damages in the arbitration and seeks to have that award recognized and enforced by a Russian court against assets of the Russian...