...provide the applicable law unless the party resisting arbitration specifically challenges the choice-of-law clause. Part IV surveys the choice-of-law practices of U.S. courts in arbitration agreement enforcement proceedings, particularly when...
Search Results for : Limits to Party Autonomy
...speed, lower costs, and enforcement. There are a number of factors, however, that complicate a party’s ability to obtain meaningful interim relief in international arbitration proceedings. Among these are the...
Interim Relief Under International Arbitration Rules and Guidelines: A Comparative ...
...competitive.” I took this last comment to be of some importance as a desirable quality in a party-appointed arbitrator. We were dealing with a dispute under a contract that provided...
Memories of Hans Smit the Arbitrator – Vol. 23 No. ...
...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 ...
...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 ...
...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. ...
...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 ...
...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 ...
...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. ...
...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. ...
...for the same from the other party in the subsequent negotiations that took place between them. Moreover, incorporation of the general conditions of Orgalime S92, including its arbitration clause, was...
A Cautious Acceptance of Incorporation of Arbitration Clause by General ...
...with disputes involving the State as a party, the New York Convention has a broader scope to include disputes involving “persons whether physical or legal.” The ICSID Convention, unlike the...