...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...
Search Results for : Limits to Party Autonomy
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)
...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 ...
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: ...
...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...
The Enforcement of Mediation Settlement Agreements in China* – Vol. ...
...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 – ...
...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 ...
...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: ...
...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 ...
...“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...