...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...
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. ...
...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 ...
...(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]...
A Pathway to Obtaining Discovery in the United States in ...
...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 ...
...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
...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 ...
...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...