...issue for any user of international commercial arbitration is whether arbitration is worth the money. Whereas the losing party in an arbitration will tend to answer the latter question in...
Search Results for : Limits to Party Autonomy
...not just embody the intention to arbitrate. In addition, the impugned provisions reflected ‘the intention to prohibit either party from advancing claims valued at less than US$14,500’.[8] It was therefore...
Unconscionable Arbitration Agreement: To Strike Down Entirely or to “Blue-Pencil” ...
...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
...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...
The Present Status of the International Court of Arbitration of ...
...enforcement of awards made in Belgium. Since Belgium is a party to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards of June 10, 1958 (New...
International Commercial Arbitration in Belgium – Vol. 1 No. 1
...involved when dealing with sensitive information: First, procedural safeguards are necessary to provide private business with adequate protection for their proprietary business information when a disputing party deems it necessary...
The Treatment of Confidential Information in WTO Dispute Settlement Proceedings ...
...(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 ...
...stated that account should be taken of “whether there was an acceptable reason for the publishing, to what extent the other party has been caused damage by this and, should...