...document along with the arbitration clause therein is incorporated. This happens, for instance, when the standard form contract of one party is stated to form a part of the parties’...
Search Results for : Limits to Party Autonomy
...a sovereign state, as a party to the arbitral proceeding, from starting or continuing any other judicial or administrative proceeding that encroaches on, and sometimes tangentially touches upon, the subject...
A Multi-Factor Test for Anti-suit Injunctions in ICSID Arbitration – ...
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...
International Commercial Arbitration: Two Cultures in a State Of Courtship ...
...mean a priori and per se that it is not a party to it or to the arbitration clause contained therein. Indeed, in most legal systems, the conduct of an...
The Issue of Non-Signatory States – Vol. 23 No. 3-4
...be skeptical of any mediator from the country of another party. Mediation rules occasionally include a default mediator selection process designed for parties from different countries. The mediator from a...
Mining Mediation Rules for Representation Opportunities and Obstacles – Vol. ...
...Japan is currently a party to 25 investment treaties, consisting of 15 BITs and ten EPAs containing investment chapters. These 25 treaties can be categorized into three groups. The first...