...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...
Search Results for : Limits to Party Autonomy
...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...
Investment Treaties and Investor-State Arbitration: The Japanese Perspective* – Vol. ...
...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,...
Arbitrability of Insolvency Disputes: Resolving the Conundrum – Vol. 31 ...
...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...