...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...
Search Results for : Limits to Party Autonomy
...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...
Breach of Confidentiality as a Ground for Avoidance of the ...
...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 ...
...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?
...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” ...
Author: Ilias Bantekas* Published: May 2018 Jurisdiction: International Topics: Categories of Disputes Commercial Disputes Dispute Resolution and Litigation Mediation Parties Bankruptcy of a Party States as Parties Equality of Parties...
A Human Rights-Based Arbitral Tribunal for Sovereign Debt – Vol. ...
...you will not settle at your target number is to make a big jump to it, early on in the process; — with no preparation of the party to acquit...
Advocacy in Mediation – Vol. 5 No. 1-4
...speed, lower costs, and enforcement. There are a number of factors, however, that complicate a party’s ability to obtain meaningful interim relief in international arbitration proceedings. Among these are the...
Interim Relief Under International Arbitration Rules and Guidelines: A Comparative ...
...provide the applicable law unless the party resisting arbitration specifically challenges the choice-of-law clause. Part IV surveys the choice-of-law practices of U.S. courts in arbitration agreement enforcement proceedings, particularly when...
A Harmonizing Framework for Choice-of-Law Practices in U.S. Judicial Enforcement ...
...of Sub-Section 1 of Section IV (the “CSR Clause”), stipulates that “[e]ach Party agrees to promote responsible business practices[.]”[20] Applying Article 31 of the Vienna Convention on the Law of...
The EU-China Comprehensive Agreement on Investments – Promoting Sustainable Business ...
...when the author of the acts threatening the foreign investment is a private party (such as an insurgent group) or a state organ. If the adverse effects stem from a...
Full Protection and Security Standard: A Loophole in Diplomatic Protection ...
...a “reasoned” award. Also causing them astonishment is the elimination of the party-appointed arbitrator acting as that party’s representative to which they are accustomed, because of the adoption from European...