...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...
Search Results for : Limits to Party Autonomy
...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 ...
...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
...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 ...
...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
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 – ...
...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 ...
...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 ...
...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 ...
...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?
...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...