...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.”...
Search Results for : Limits to Party Autonomy
...found “no real point of distinction” between them and accordingly held Shukla to be a “veritable party” to the Memorandum. The difficulty, however, lies in how the Court reconciled these...
Non-Signatory Joinder Despite Express Disclaimers in Indian Arbitration
...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 ...
...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
...(Sep. 7, 2013), https://www.nytimes.com/2013/09/08/world/asia/china-looks-west-as-it-strengthens-regional-ties.html?module=inline/; Huileng Tan, China wrote Belt and Road Initiative into the party constitution. That makes it riskier than ever, CNBC (Oct. 31, 2017), https://www.cnbc.com/2017/10/31/china-wrote-belt-and-road-initiative-into-the-party-constitution.html [4] Supra note...
Forum Shopping: The One Belt One Road Initiative
...in its territory of an investment of an investor. If either Party considers that the other Party has offered such an encouragement, it may request consultations.”[9] Therefore, it is evident...
Bridging the Gap Between Investment Arbitrations and Environmental Concerns: Can ...
...South Africa.1 The outcome of arbitration proceedings often consists of an award being rendered outside of Brazil against a Brazilian party. In these cases, if the award is to become...
Recognition of Foreign Arbitral Awards in Brazil – Vol. 24 ...
...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...
Order to Plurality: Imposing a Hierarchy for Ethics Rules in ...
...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 ...
...the various institutional arbitration procedures that allow an arbitral tribunal, upon a timely request by a party, to correct errors in an arbitral award that are clerical, mathematical or computational...
International and Domestic Arbitration Procedure: The Need for a Rule ...
...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....