...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...
Search Results for : Limits to Party Autonomy
...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. ...
...at the same time an increasing number of users of arbitration are expressing dissatisfaction on various grounds. On occasion dissatisfaction is due to the fact that a party, which was...
Is Arbitration Losing Ground?* – Vol. 14 No. 3
...highlighting the contractual nature of arbitration and the parties’ freedom to specify “with whom they choose to arbitrate their disputes” and concluded that therefore “a party may not be compelled...
Class Arbitration – When a Silent Arbitration Clause May Still ...
...of dollars. Our client is a Canadian seller under long-term contracts with an intermediate party which resells our client’s product to U.S. purchasers. Parallel contracts govern the relationship between our...
Fast Track Arbitration: A Respondent’s Perspective – Vol. 2 No. ...
...issue for any user of international commercial arbitration is whether arbitration is worth the money. Whereas the losing party in an arbitration will tend to answer the latter question in...
Costs in ICC Arbitration: A Practitioner’s View – Vol. 3 ...
...any party wanting to provide for arbitration, even when neither the party, nor the dispute that is likely to arise, has any relation to the United States. Download Full PDF...
The New International Arbitration Rules of the American Arbitration Association ...
...conflicts is that the state is the only party bound by both sets of obligations, and thus in case of a conflict must always sacrifice one to ensure the other-...
Systemic Integration: Resolving the Dichotomy of Competing Obligations in International ...
...around the world unless the party resisting enforcement proves a fundamental impropriety such as excess of jurisdiction, wrongful constitution of the arbitral tribunal, or denial of the opportunity to be...
The Case for Disregarding LSAS (Local Standard Annulments) under the ...
...arbitrator’s appointment upon its own initiative, at the written request of all other members of the Arbitral Tribunal or upon a written challenge by any party if: (ii) that arbitrator...
TagTime with Dr Stephan Wilske – The Phenomenon of the ...
...(2022).[7] In ZF Automotive, the Court granted certiorari and consolidated two cases[8] involving “arbitration proceedings abroad for which a party sought discovery in the United States pursuant to [Section 1782].”[9]...