Author: Paul Michell** Published: December 2004 Jurisdiction: International Topics: Commercial Disputes Dispute Resolution and Litigation AAA Description: I. INTRODUCTION Genuflection to the principle of party autonomy is common in international...
Search Results for : Limits to Party Autonomy
...both party autonomy and the efficiency of the arbitration process created by the FAA. The Court made clear that the parties’ autonomy extends to the arbitration process itself, but that...
Protecting Both the FAA and Party Autonomy: The Hall Street ...
...appeal proceedings, and provisional measures. 1. Time Limits for Appeals Time limits are an important element of the admissibility of appeals before the CAS. Article R49 of the CAS...
Proposals to Amend the Code of the Court of Arbitration ...
...Chief among these approaches is Third Party Funding (“TPF”). Through TPF, an irrelevant party with no prior connection to the case, agrees to invest in the legal claim by covering...
Negotiating Funding Arrangements: Trick or Treat
...of party autonomy. Not only is it the creature of party autonomy, in the sense that arbitration can only exist if it is willed by the parties, it is also...
Mandatory Rules and International Arbitration – Vol. 23 No. 1
...contractual curtailment, there is no demand on public resources; party autonomy should override quality concerns if parties willingly accept the courts’ limited review role and the enforcement difficulties that will...
Ariadne’s Thread: Assessing Public Policy Limits to Contractually Modifying the ...
...primacy of party autonomy is usually regarded as the hallmark of contemporary arbitral legislation. In the past decade, the drive for maximum party autonomy has become the central theme for...
Party Autonomy in International Economic Arbitration: A Reappraisal – Vol. ...
...resolved by attaching lesser weight to the expert’s testimony. For example, a Party may appoint an expert as a hired gun, where the expert favors the party appointing him by...
Crystalizing Jurisprudence: Assessing An Arbitral Tribunal’s Competence To Exclude A ...
Author: Alan Scott Rau* Published: March 2012 Description: The American law of arbitration has for some reason been replete with what we have become accustomed to call “trilogies” – and...
Arbitral Power and the Limits of Contract: The New Trilogy ...
...courts or authorities of that Party and any meaning given to domestic law by the Tribunal shall not be binding upon the courts or the authorities of that Party.” [34]...
Lights Out for the Energy Charter Treaty? The ECJ’s Next ...
...the principle of party autonomy a) is respected in ICSID arbitration and b) helps investors structure a dispute resolution mechanism that will facilitate the resolution of disputes with a host...
The Limitations of Party Autonomy in ICSID Arbitration – Vol. ...
Author: Christopher Stippl** Published: January 1996 Jurisdiction: International Topics: Class Action Parties Multiple Parties Description: Economic development and internationalization of trade activities have led to highly sophisticated, interdependent markets where...