...determining the governing law arbitration agreements for matters concerning Hong Kong law. Arbitration Agreement Considered as Part of the Underlying Contract Generally, contractual parties have the autonomy to choose...
Search Results for : Limits to Party Autonomy
...give deference to the parties’ autonomy. The French courts, however, will not enforce agreements asking for greater judicial review than that available under French law. What follows is a brief...
Contractual Modification of Judicial Review of Arbitral Awards: The French ...
...of enforcement machinery reflects the tensions in the international system between its new commitment to human values and its traditional commitment to values of State autonomy and impermeability.” The purpose...
International Arbitration: The Human Rights Perspective* – Vol. 4 No. ...
...“of a piece,” revealing a determination on the part of the Court’s majority to enhance the autonomy and effectiveness of arbitration as a dispute resolution mechanism, even at the expense...
The Supreme Court Trilogy and Its Impact on U.S. Arbitration ...
...courts enforce agreements to arbitrate and support the autonomy of the arbitral process. Moreover, its courts have adopted a clear policy of deference to awards issued by arbitral tribunals. New...
The “Manifest Disregard of Law” Doctrine and International Arbitration in ...
...concerning its interpretation and application.[1] Specifically, the court held that the BIT’s dispute resolution provision had an adverse effect on the autonomy of EU law and that articles 267 and...
The Post-Achmea EU: Uncertainty in the Face of Change
...expression of private autonomy, the expansion of which in the jurisprudential sphere will inevitably conflict with the principle of a governmental monopoly on judicial dispute resolution and its corollaries. Download...
A Common Law of Arbitration: Arbitral Awards and Appeals – ...
...of the book. The first Part deals with “Definitions and Sources.” Part II, on the arbitration agreement, also covers the important topic of the autonomy of the arbitration agreement and...
Emmanuel Gaillard & John Savage, Eds., Fouchard Gaillard Goldman On International ...
...In this new “race to the bottom,” states strive to provide the optimum legal advantages to those seeking favorable sites for arbitration by maximizing private autonomy over arbitration proceedings. The...
New Developments in International Commercial Arbitration: A Comparative Survey of ...
...submissions to specific claims (as a disputing or non-disputing party – see, for instance, El Salvador’s non-disputing party submission in Spence International Investments v. Republic of Costa Rica and Switzerland’s...
ISDS in the Era of Mandatory ESG Guidelines: Reforming Existing ...
...taken in the renegotiating process. The party initiating the process had to serve written notice of its proposals on the other party at least sixty days before the new contract...
Fast-Track Arbitration – Vol. 2 No. 2
...unilateral notice of termination by either state-party to the BIT (“Unless a notice of termination is given by either contracting Party …”). [18] Electrabel S.A. v. The Republic of Hungary,...