...designate an arbitrator on the party’s behalf. The canvassing of the parties’ positions on consolidation and/or suspension, the question of whether the Chairman of the Arbitral Tribunal in each case...
Search Results for : Limits to Party Autonomy
...proof onto the party seeking enforcement to demonstrate the impartiality of the arbitrators. Second, the Court emphasized that the lower courts had failed to adequately consider the difficulties the Russian...
Impartiality or Nationalism? Unpacking the Russian Supreme Court’s Ruling and ...
...valuation, arguing that it better reflects the reality of the financial scenario in which the injured party would have been, had the expropriation not occurred. The use of hindsight does...
Telling Compensable Damages Apart: Addressing Entitlement to Losses of Future ...
...Court of the term “arbitrability” in First Options has introduced significant confusion into the law of arbitration and obscured these once-clear governing rules. Whether a party is required to submit...
The Rules Governing Who Decides Jurisdictional Issues: First Options v. ...
...can be divided into two stages: Recognition Stage (Secs. 47 and 48): A party seeking to enforce a foreign award has to furnish evidence of the arbitration proceedings, viz. original...
To Do or Not To Do: The Financial Disclosure of ...
...in the United States” through its long-term agreements with a consulting firm based in Virginia that led to the establishment of Devas and the party’s agreement being carried out. On...
Devas-Antrix Saga: A New Hope – Amici Curiae Brief
Author: Raúl Zeyi Huang* Jurisdiction: Canada United States Mexico Topics: Bankruptcy of a Party NAFTA USMCA [The opinions expressed herein are the author’s alone, and do not represent those...
Unsecured Creditors: How the Westmoreland Arbitrations Have Undermined Type G ...
...party did not cooperate in selecting the arbitral panel, the other had to resort to the courts to obtain specific performance of the arbitration agreement. Controversy arose over which country’s...
The Scope of the Separability of the Arbitration Agreement under ...
...party to the Agreement, they did not have knowledge of its existence when they were assigned the Trademarks, and that they were not bound by it.[9] The respondents applied for...
Which Law Applies When Determining Whether a Non-Signatory is Bound ...
...law was changed by statute, agreements to submit disputes to arbitration were not enforced by the courts. If a party refused to proceed to arbitration, the courts would not compel...
Elements of International Arbitration in the United States – Vol. ...
...an adoption of article 34 of the UNCITRAL Model Law on International Commercial Arbitration.[11] The relevant rule states that an arbitral award may be set aside if the party making...
Lessons from the Past: Avoiding the Frankfurt Surprise in the ...
...the parties, it is unlikely that contractors would agree to a choice-of-forum clause in a contract, for each party might be reluctant to accept a choice of the other party’s...