...for parties to incorporate into their international contracts either expressly or by reference.[2] This clause “incorporates an impracticability standard,” where “an event must be (1) beyond the party’s control, (2)...
Search Results for : Limits to Party Autonomy
...“transnational issue estoppel” prevents a party from re-litigating an issue that a foreign court has finally decided. The limbs for establishing transnational issue estoppel are: a final and conclusive decision...
SGCA’s Ruling in Republic of India v. Deutsche Telekom: The ...
...in Brazil is for winning party to be reimbursed of all of the costs incurred with arbitration (with the exception of contractual attorney fees). In addition, the losing party may...
Overview of Securities Arbitration in Brazil: Challenges and Developments
...to a second shot if the first shot has misfired?” I. INTRODUCTION: THE REQUEST FOR ANNULMENT OF AN AWARD VIS-À-VIS THE FINALITY OF INTERNATIONAL ARBITRATION When a party looses a...
A Comparative Reflection On Challenge Of Arbitral Awards Through The Lens ...
...notes set out certain restrictions, including the bar on secretaries from engaging in any unilateral contact with any party or with any party’s representative concerning the arbitration/ parties’ dispute.[11] It...
Tribunal Secretaries: Aids to Mutually Appointed Arbitrator(s) or Inclusion of ...
...X. Each party has two witnesses and two experts: one of Claimant’s experts and all fact witnesses are based in State X; the other three experts are in New York;...
Columbia Arbitration Day 2021 — Confidentiality, Transparency, and In-Person Hearings: ...
...but that party then failed to pay the attorney fees of its counsel. When counsel sued their client, the prevailing arbitration party, in a state court for the fees, the...
A Kiss for Arbitration Costs Allocation – Vol. 23 No. ...
...result. Because the right result is not always so clear – for example, one party’s case may be stronger on the letter of the contract while the other party’s case...
Thoughts on Arbitrator Selection: Why My Father Was (Usually) A ...
...on a State’s Regulatory Autonomy Involving the Public Interest Stephanie Bijlmakers The More Favorable Regime Within the “Overlapping Coverage” of FAA Chapters One and Two Suyash Paliwal Think Twice Before...
Volume 23: Issue 2 (December 2012)
...the manner of judges and decide the legitimacy of their own jurisdiction is a central underpinning of arbitral autonomy. Download Full PDF *Orlando Distinguished Professor of Law, Penn State University....
The Fifth Circuit Applies Stolt-Nielsen – Vol. 24 No. 1
...experiences. Think of Roblox, the global online game platform that gives players autonomy, fuels their creativity, and powers their imagination to create something they like and manifest their artistic and...
Metaverse’s First Arbitration Proceeding
Articles At the Crossroads of Legitimacy and Arbitral Autonomy Thomas E. Carbonneau The Enforcement of Foreign Arbitral Awards in Russia: An Analysis of the Relevant Treaties, Laws, and Cases William...