...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...
Search Results for : Limits to Party Autonomy
...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 ...
...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 ...
...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 ...
...in one EU Member State that prevent a party from going before the courts of another Member State are not permissible under Brussels Regulation 44/2001/EC (“2001 Brussels Regulation”), even when...
Disarming the Italian Torpedo: The 2006 Italian Arbitration Law Reforms ...
...proof onto the party seeking enforcement to demonstrate the impartiality of the arbitrators. Second, the Court emphasized that the lower courts had failed to adequately consider the difficulties the Russian...
Impartiality or Nationalism? Unpacking the Russian Supreme Court’s Ruling and ...
...designate an arbitrator on the party’s behalf. The canvassing of the parties’ positions on consolidation and/or suspension, the question of whether the Chairman of the Arbitral Tribunal in each case...
Fast-Track Arbitration: An ICC Counsel’s Perspective – Vol. 2 No. ...
...on whether the arbitral award can be enforced against the losing party, Therefore, it is of the utmost importance that effective enforcement measures be made available to the winning party....
Recognition and Enforcement of ICSID Awards: The Decision of the ...
...agreement. Thus, English law was applicable to the arbitration agreement and was used to determine whether KFG had become a party to the arbitration agreement. On the other hand, the...
What Should Be the Applicable Law to Arbitration Agreements?
...Party in accordance with the national laws of the Contracting Party in whose territory the investment is made and in particular, though not exclusively, includes: intellectual property rights, in accordance...
The Connection Between a COVID-19 Vaccine, Compulsory Licensing and Potential ...
...international cases must be neutral and independent. Some provide specifically that arbitrators must carry out their responsibilities in accordance with the applicable rules. Those requirements also apply to party-appointed arbitrators....
Delinquent Arbitrators and Arbitration Counsel – Vol. 20 No. 1
...not confer advantages to either party. It has become apparent that a supranational code of ethics in international arbitration is needed. As of this publication, there are currently no international...