...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,...
Search Results for : Limits to Party Autonomy
...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 ...
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: ...
...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...
Yukos, Investment Round-Tripping, and the Evolving Public/Private Paradigm – Vol. ...
...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 ...
...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 ...
...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 – ...
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)
...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. ...
...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)
...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...