...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...
Search Results for : Limits to Party Autonomy
...dispute by way of mutually acceptable agreement, rather than by a binding third-party order. International arbitration, on the other hand, is considered a substitute for court adjudication. Its goal is...
Med-Arb in International Arbitration* – Vol. 8 No. 1
...noting that there is no necessary linkage between arbitral institutions and the seat of arbitration. Thus, it remains substantively important for the party to refer to these institutional rules accurately....
Key Considerations in Drafting Dispute Resolution Clause in the COVID ...
...a neutral third party. Download Full PDF *Arbitral & Judicial Decisions **Christian Bühring-Uhle studied law in Germany at the Universities of Freiburg, Munich and Hamburg and received a master’s degree...
The IBM – Fujitsu Arbitration: A Landmark in Innovative Dispute ...
...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 ...
...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 ...
...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...
U.S. Ratification and Implementation of the Inter-American Convention: A Commentary* ...
...rules to party-appointed arbitrators, scholars of international arbitration have struggled to come to grips with the implications of this reality for the resolution of cross-border disputes in which the public...
Does International Arbitration Need A Mandatory Rules Method? – Vol. ...
...[26] See generally Binnaz Topaloğlu, The Validity of Jurisdiction and Arbitration Clauses as Against Third Party Holders of Bills of Lading – a Comparative Study Under French, English and Eu...