...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...
Search Results for : Limits to Party Autonomy
...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...
Reinforcing the Position on Governing Law of Arbitration Agreement: An ...
...the manner of judges and decide the legitimacy of their own jurisdiction is a central underpinning of arbitral autonomy. Download Full PDF *Orlando Distinguished Professor of Law, Penn State University....
The Fifth Circuit Applies Stolt-Nielsen – Vol. 24 No. 1
...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...
Volume 23: Issue 2 (December 2012)
...“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 ...
...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,...
Treaty Terminating the Intra-EU BITs: a Game-Changer or … Not?
...advocate may be well-placed to take the lead in assisting the court. Paragraph J8.7 states: Where a party is represented by more than one advocate at the trial, the advocates...
Championing the Junior Arbitration Advocate: What Can Arbitration Learn ...
...3(1), Apr. 20, 2004 (“[i]nvestments and returns of investors of each contracting party . . . shall enjoy full protection and security in the territory of the other Contracting Party[.]”),...
Potential Arbitration Proceedings for Investor-State Disputes Arising in the Aftermath ...
...of a party’s representation can have substantial consequences for the party’s case, for the outcome of the arbitral process, and for the parties’ perceptions of the fairness of the process.”...
Will the Recent Amendment to the Japanese Foreign Lawyers Act ...
...available. A. No Party-Appointed Arbitrators First, the practice of party-appointed arbitrators should be abandoned. This tribute to the rule of symmetry (each party appoints an arbitrator) may and does affect...