...discrimination by one Party against investors of another Party, favoritism and protectionism for a Party’s own products or industries, environmental issues, and job flight. The United States-Canada Free Trade Agreement...
Search Results for : Limits to Party Autonomy
...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)...
COVID-19 and Force Majeure: How Will International Arbitral Tribunals Treat ...
...“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 ...
...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 ...
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...
Volume 16: Issue 2 (March 2007)
...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 – ...
...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
...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 ...
...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
...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 ...
...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...