...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...
Search Results for : Limits to Party Autonomy
...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 ...
...(“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 — ...
...Procedure: Will the ALI/UNIDROIT Project Succeed? Stephen McAuley The Limitations of Party Autonomy in ICSID Arbitration Anoosha Boralessa Current Developments The Asia Pacific Regional Arbitration Group Michael Pryles Arbitral &...
Volume 15: Issue 2 (December 2005)
...regime of party autonomy in arbitration. In common-law jurisdictions (which are essentially adversarial) the judge will seek to ensure that the rules of evidence are adhered to, listen to the...
Documentary Discovery and International Commercial Arbitration – Vol. 17 No. ...
...Neutral Place for International Arbitration Walid John Kassir Arbitral & Judicial Decisions Party Autonomy and Implied Choice in International Commercial Arbitration Paul Michell Recent Books and Articles on Commercial Arbitration...
Volume 14: Issue 4 (December 2004)
...be decided in the context of party autonomy, the lex arbitri and arbitral discretion, in addition to mandatory norms of procedural fairness. This article addresses these issues in four parts....
Standard and Burden of Proof in International Commercial Arbitration: Is ...
...in section 1.4 of the thesis. The analysis of the law applicable in interstate arbitration is done both at a general level, focusing on party autonomy and possible limitations thereon,...
Comment* – Vol. 12 No. 3-4
...Professor Giuditta Cordero-Moss, who discussed along with Professor Franco Ferrari, Rafael F. Alves, Hon. Francesco Cortesi, Ina C. Popova, and Laurence Shore how to reconcile the assumption that party autonomy...
2021 New York Arbitration Week
...contain an arbitration clause. One party, however, takes the position that he simply never agreed to anything—or, perhaps, that as a matter of local contract law the agreement cannot be...
Everything You Really Need To Know About “Separability” In Seventeen ...
...or “Tribunal Overreach”: A Call for Renewed Focus on Party Autonomy in the Time of Arbitral Rules Expansion Hamish Lal and Brendan Casey Colliding Worlds of Money Laundering and International...
Volume 31: Issue 3 (June 2021)
...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...