...involved when dealing with sensitive information: First, procedural safeguards are necessary to provide private business with adequate protection for their proprietary business information when a disputing party deems it necessary...
Search Results for : Limits to Party Autonomy
...(institutional or an ad hoc) had been predefined in domestic laws of states that are a party to a dispute, international agreement in which a state is a party to...
The ISDS Clause in the Investment Law of the Kyrgyz ...
...not just embody the intention to arbitrate. In addition, the impugned provisions reflected ‘the intention to prohibit either party from advancing claims valued at less than US$14,500’.[8] It was therefore...
Unconscionable Arbitration Agreement: To Strike Down Entirely or to “Blue-Pencil” ...
...enforcement of awards made in Belgium. Since Belgium is a party to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards of June 10, 1958 (New...
International Commercial Arbitration in Belgium – Vol. 1 No. 1
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. ...
...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
...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
...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...