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...
Search Results for : Limits to Party Autonomy
...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 ...
...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 ...
...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
...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 — ...
...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
...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 ...
...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)
...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...
State International Arbitration Laws: Are They Needed or Desirable? – ...
...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)
...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...