...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)...
Search Results for : Limits to Party Autonomy
...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...
North American Free Trade Agreement: Dispute Resolution Procedures* – Vol. ...
...the party possessing it. (b) A party invoking the confidentiality of any information it wishes or is required to submit in the arbitration, including to an expert appointed by the...
Disclosure of Trade Secrets and Other Confidential Information Article 52 ...
...result. Because the right result is not always so clear – for example, one party’s case may be stronger on the letter of the contract while the other party’s case...
Thoughts on Arbitrator Selection: Why My Father Was (Usually) A ...
...Most Favored Nation These clauses guarantee that the respective state parties to a treaty treat one another no less favorably than any other state party they have entered into a...
India’s ban on Chinese apps: Could India face the fire ...
...but that party then failed to pay the attorney fees of its counsel. When counsel sued their client, the prevailing arbitration party, in a state court for the fees, the...
A Kiss for Arbitration Costs Allocation – Vol. 23 No. ...
...Western party. If the Western party is awarded damages in the arbitration and seeks to have that award recognized and enforced by a Russian court against assets of the Russian...
The Scope of the Public Policy Exception to the Recognition ...
...in Brazil is for winning party to be reimbursed of all of the costs incurred with arbitration (with the exception of contractual attorney fees). In addition, the losing party may...
Overview of Securities Arbitration in Brazil: Challenges and Developments
...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...
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 ...
...on a State’s Regulatory Autonomy Involving the Public Interest Stephanie Bijlmakers The More Favorable Regime Within the “Overlapping Coverage” of FAA Chapters One and Two Suyash Paliwal Think Twice Before...