...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...
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 – ...
...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 ...
...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 ...
...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 ...
...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 ...
...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 ...
...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. ...
...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 ...
...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 ...
...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 ...
...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...