...reasons desirable. This section provides the framework and context of theoretical uphill challenges affecting calls for third-party rights and liabilities in arbitration as a result of the classical privity of...
Search Results for : Limits to Party Autonomy
...courts guidance on questions of arbitrability where the agreement in question is facially neutral about party intent, i.e. the parties’ arbitration agreement is unable to be said with certainty as...
What did the 2018-2019 Supreme Court Term mean for the ...
...own merits determination is truly shocking; especially given the precedents quoted extensively by the Court categorically state that Indian arbitration law does not “enable a party to the said (Enforcement)...
The Indian Supreme Court’s Judgment in NAFED v. Alimenta S.A.: ...
...submit privileged or confidential information to third-party AI tools. This principle echoes a similar rule adopted by a judge on the U.S. Court of International Trade. The rule requires attorneys...
A Closer Look at the New SVAMC Guidelines for AI ...
...Awards: Should a Party be Allowed Multiple Bites at the Apple? Tom Childs Proposed Guidelines for the Disclosure of Third-Party Funding Arrangements in International Arbitration Elizabeth Chan Prospects of Enforcing...
Volume 26: Issue 2 (October 2015)
...be the most preferable venue in cases involving Chinese companies, if a foreign party wants to preserve assets of their opposing party in mainland. [8] Moreover, due to the geographic,...
How Does Hong Kong’s New National Security Law Affect Its ...
...the Law Applicable to Contracts for the International Sale of Goods, for example, states that a Court is not under an obligation to grant specific relief to a party unless...
Specific Relief in International Arbitration
...party to another, as well as the notification of the award under Article 31(4) of the Model Law. The relevant part of Article 3 states: (1) Unless otherwise agreed by...
Receipt of Written Communications in International Commercial Arbitration – Vol. ...
...an injunction whereby a party seeks restraining orders against the other party to proceed or commence with an arbitration proceeding in pursuance of the arbitration agreement between the parties. The...
Do Indian Courts have the Power to Grant Anti-Arbitration Injunctions?
...the FAA create two separate regimes for the confirmation of non-domestic arbitral awards rendered in the U.S. and that, between these two regimes, the prevailing party to the arbitral award...
The More Favorable Regime Within the “Overlapping Coverage” of FAA ...
...the facts in a way that supports their case and contention. As each party argues its case, the story may change. And because parties will often try to base their...
The Taking of Documentary Evidence in International Arbitration* – Vol. ...
...submission of a “request for arbitration” or “notice of arbitration.” One of the principal advantages of international arbitration – party participation in the selection of the decision-maker – precluded the...