...became a party to the Convention, and there is still an absence of consensus on the application of the Convention. Indeed, intervening developments in the law since Professor Rau offered...
Search Results for : Limits to Party Autonomy
...where world economies are becoming increasingly intertwined, it is ever more necessary to have an appreciation of various facets affecting each party to a business dealing, including the financial, social,...
An Analysis of the Influence of Islamic Law on Saudi ...
...• in the 11% of the cases where enforcement was needed, only 19% of corporations reported difficulties in enforcing awards, and 70% of these difficulties related to the party not...
The Settlement-Enforcement Dynamic in International Arbitration* – Vol. 19 No. ...
...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...
Songs of Innocence and Experience: Ten Years of Emergency Arbitration ...
...factor.” When commercial disputes arise, how can this discomfort factor be overcome so that one party does not have to submit to the national legal procedures and judges of the...
The Geopolitics of Arbitration – Vol. 3 No. 1-4
...(institutional or an ad hoc) had been predefined in domestic laws of states that are a party to a dispute, international agreement in which a state is a party to...
The ISDS Clause in the Investment Law of the Kyrgyz ...
...mean a priori and per se that it is not a party to it or to the arbitration clause contained therein. Indeed, in most legal systems, the conduct of an...
The Issue of Non-Signatory States – Vol. 23 No. 3-4
...a party not having had the chance to present its case fully.”[16] Though arbitrators can decide to conduct arbitration proceedings in a manner they deem fit, ideally, decisions on virtual...
Technology and Arbitration: The Age of Confidentiality Concerns and Due ...
...finding of arbitrariness.[9] IV. Damages Canada provided a non-disputing party submission explaining that if a host state measure qualifies as a legitimate policy objective under Article 2201(3) of the...
Implications of Conflicting Governmental Priorities and Treaty Language in Eco ...
...have turned around the violation of the following obligations: National Treatment Under national treatment obligation, States have the duty to grant “to investors of the Party treatment no less favorable...
Could foreign investors use BITs or FTAs to sue the ...
...a Party Proceedings to Compel Arbitration FAA Description: This article examines the potential responsibilities of nonsignatories regarding a final award by considering court treatment of nonsignatories in arbitration agreements. In...
Piercing the Double Veil: Enforcing Arbitral Awards Against Nonsignatories in ...
...it cannot be imposed unless a party has agreed to it either by contract in advance or once a dispute arises. All other elements of arbitration, however, are as compulsory...