...issues. This is an unfortunate consequence of the fact that arbitration clauses and rules regularly put very short time limits on this important process. The subject of arbitrator selection involves...
Search Results for : Limits to Party Autonomy
...international commercial arbitrations. This will provide a good illustration of, not only the liberalizing trend in Canada to the provision of judicial assistance, but also the limits of this trend....
Letters Of Request: Will A Canadian Court Enforce A Letter ...
...favor of a form-over-substance interpretation, holding that tribunals were not supposed to impose arbitrary limits on the scope of BITs. In contrast, Professor Prosper Weil, dissenting, disregarded the Lithuanian entity...
TagTime with Alvin Yeo SC – Indirect Investments in Investor-State ...
...action aimed at rescinding an arbitral award; and the cognitive limits of the proceedings for recognizing and enforcing foreign arbitral awards. All of this will gradually be resolved, including through...
Arbitration: A Flourishing Legal Institute
...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 — ...
...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
...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
...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 ...
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...
Commercial Multi-Party Arbitration: A Case-by-Case Approach – Vol. 1 No. ...
...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 ...
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...