...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...
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 ...
...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...
Do Indian Courts have the Power to Grant Anti-Arbitration Injunctions?
...• 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. ...
...party to another, as well as the notification of the award under Article 31(4) of the Model Law. The relevant part of Article 3 states: (1) Unless otherwise agreed by...
Receipt of Written Communications in International Commercial Arbitration – Vol. ...
...the Law Applicable to Contracts for the International Sale of Goods, for example, states that a Court is not under an obligation to grant specific relief to a party unless...
Specific Relief in International Arbitration
...submit privileged or confidential information to third-party AI tools. This principle echoes a similar rule adopted by a judge on the U.S. Court of International Trade. The rule requires attorneys...
A Closer Look at the New SVAMC Guidelines for AI ...
...Awards: Should a Party be Allowed Multiple Bites at the Apple? Tom Childs Proposed Guidelines for the Disclosure of Third-Party Funding Arrangements in International Arbitration Elizabeth Chan Prospects of Enforcing...
Volume 26: Issue 2 (October 2015)
...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 ...
...of dollars. Our client is a Canadian seller under long-term contracts with an intermediate party which resells our client’s product to U.S. purchasers. Parallel contracts govern the relationship between our...