...It generally depends on municipal law and hence differs from jurisdiction to jurisdiction. More often than not, disputes of a public nature or those having an impact on third-party rights,...
Search Results for : Limits to Party Autonomy
...of the arbitral award will be refused on the ground that the party that requested disclosure in the United States was denied the right to present its case in the...
A Proposal to Clarify U.S. Law on Judicial Assistance in ...
...remain nowhere to be found or have never been in the possession of the client, but are at the disposal of a third party. Winning or losing a case may...
Judicial Assistance By German Courts in Aid of International Arbitration ...
...prevail in the world, i.e. (i) that costs should follow the event and (ii) that each party should bear his own costs and half of the institutional and other costs...
Costs and their Allocation in International Commercial Arbitrations – Vol. ...
...the disclosure and regulation of third-party funding, addressing specific concerns in cases against Kazakhstan and other Central Asian states. Analysis of Pushback against the Energy Charter Treaty Reimschussel discussed the...
Event Report: Exploring International Investment Law and Disputes in Central ...
...laws, equity and policy may intervene on behalf of an aggrieved party seeking a remedy against a biased arbitrator at the pre-award stage. There are tools, though often imperfect, to...
How Challenging is the Challenge, or Can U.S. Courts Remove ...
...initial section discussing the effect of party agreement upon arbitrators’ subpoena power (Section I below), the article addresses three issues: (i) the power of an arbitrator to direct a person...
Arbitral Subpoenas under U.S. Law and Practice – Vol. 14 ...
...30, 1982 and its aftermath in the United States have set one more landmark in the continuing problem area of distinguishing between arbitrator-party conduct that is proper and that which...
A Tale of Three Cities: Arbitrator Misconduct by Abuse of ...
...for the same from the other party in the subsequent negotiations that took place between them. Moreover, incorporation of the general conditions of Orgalime S92, including its arbitration clause, was...
A Cautious Acceptance of Incorporation of Arbitration Clause by General ...
...pay money due under a contract; this may be because of an inability to pay or a wish not to pay and therefore one party is seeking an excuse or...
International Arbitration – Corporate Attitudes and Practices -12 Perceptions Tested: ...
...competitive.” I took this last comment to be of some importance as a desirable quality in a party-appointed arbitrator. We were dealing with a dispute under a contract that provided...
Memories of Hans Smit the Arbitrator – Vol. 23 No. ...
...ICCA-Queen Mary Task Force on Third-Party Funding in International Arbitration, and is the founder of Arbitrator Intelligence, a global information aggregator and legal tech start-up that aims at improving transparency,...