Authors: Syamantak Sen* and Aadya Bansal** Jurisdiction: India Topics: Jurisdiction and Powers of the Courts in Matters of Arbitration Generally National Legislation Bankruptcy of a Party Court Decisions New York...
Search Results for : Limits to Party Autonomy
...of a country are asked to determine the legitimacy of an arbitral award. As described infra, an unsatisfied party to an arbitration may demand that an arbitral judgment be nullified...
Polish Arbitration Law Analyzed and Applied to the Procedural Scenarios ...
...which I acted as counsel for the party seeking relief. In this era of widespread lawyer-bashing and discontent with legal process, it is especially important to consider novel dispute resolution...
Fast-Track Arbitration: A Claimant’s Perspective – Vol. 2 No. 2
...the other hand, arbitrators sometimes do make errors of law (which is particularly distressing to a losing party if it cannot appeal and which, arguably, is not what the parties...
TagTime with Matthew Gearing QC – Appeals on Questions of ...
...another legal system. In sum, we concluded that the application of mandatory rules will generally flow directly from the classical party-driven model of arbitration, without requiring us to rethink the...
The Relevance (Or Lack Thereof) Of The Notion Of Mandatory ...
...request of a party, grant interim measures. Today, some national laws and several arbitration rules even go as far as to allow for interim relief to be granted ex parte....
The Non-Enforceability of Decisions Rendered in Summary Arbitral Proceedings Pursuant ...
Author: Joseph D. Becker Published: December 1996 Jurisdiction: United States Topics: National Institutions and Rules Parties Bankruptcy of a Party FAA Description: In appropriate cases, the Federal Arbitration Act (“FAA”)...
Bankruptcy Courts and Arbitration: A Question of Competence – Vol. ...
...adoption in Pakistan. Specifically, the default yet rather abstract explanation is that a culture of arbitration needs to be developed, and the mindset of the potential user, the disputing party,...
If You Build It, They Will Come: The Story of ...
...dispute arises and an arbitration ensues, the instrumentality that is the signatory party is often no longer an attractive respondent. It may lack assets to pay an award, and it...
The UK Supreme Court Speaks to International Arbitration: Learning From ...
...arbitration it seems there is no need for arbitrators to decide whether or not to displace chosen law to make way for mandatory rules. The States party to the treaty...
Mandatory Rules Of Law And Investment Arbitration – Vol. 18 ...
...greater confidentiality, well-versed and savvy arbitrators, absence of any origin-based connotations or privileges to either party – enforcement of the award may still present certain tangible obstacles. One of them...
Prospects of Enforcing the Yukos Award in Russia – Vol. ...
...States (the “OAS”) on September 27, 1990, thus making the United States an official party to the Convention. I. CONTENTS OF THE CONVENTION Prior to discussing ratification of the Panama...