...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....
Search Results for : Limits to Party Autonomy
...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 ...
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...
Foreign Arbitral Awards Under Indian Insolvency Law: Room for Improvement?
...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
...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...