...where world economies are becoming increasingly intertwined, it is ever more necessary to have an appreciation of various facets affecting each party to a business dealing, including the financial, social,...
Search Results for : Limits to Party Autonomy
...• 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. ...
Author: Richard Allan Horning* Published: December 1998 Topics: Intellectual Property Costs and Damages Interim Measures Relating to Property WIPO Description: The ability of an injured party to have recourse to...
Interim Measures of Protection; Security For Claims And Costs; and ...
...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...
Fast Track Arbitration: A Respondent’s Perspective – Vol. 2 No. ...
...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...
Costs in ICC Arbitration: A Practitioner’s View – Vol. 3 ...
...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...