...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...
Search Results for : Limits to Party Autonomy
...party to understand a potential arbitrator’s approach to the conduct of the proceedings. This Arbitrator’s Pledge was developed to address these issues. It consists of the pledge form below and...
Diversity Pledge – Vol. 30 No. 4
...participants to be “party-focused and process-driven.” As the boundaries among dispute resolution mechanisms become ever more unstable (all speakers agree that the world is moving away from traditionally clean divisions...
ARIA Report: AAA Diversity Student ADR Summit – Nov. 12-13, ...
...the issues involved in managing a major energy arbitration, including the difficulties of arbitrator selection. Finally, it examines the options open to a party at the end of a dispute,...
The Life Cycle of a Large Infrastructure Dispute in the ...
...Specifically, the uncertainty arises when the victorious party to an arbitrate irrituale, or informal arbitration, attempts to enforce the lodo, or award, in a foreign country. Recently, the United States...
The Italian Arbitrato Irrrituale and its Enforceability under the New ...
...third-party adjudication through behaviorally informed rules on procedure thus seems to be an avenue of research worth being pursued. In applying behavioral law and economics to international commercial arbitration, the...
Behavioral Insights Into International Arbitration: An Analysis of How to ...
...inadequate scope of coverage. By invoking any one of these grounds, parties sought to eliminate the arbitral tribunal’s authority to rule on submitted matters. Party consent is … Download Full...
Shattering the Barrier of Inarbitrability – Vol. 22 No. 4
...on the Law Governing Arbitration Agreements (May 13, 2020) Hebert Smith Freehills Arbitration Notes, https://hsfnotes.com/arbitration/2020/05/13/english-court-of-appeal-issues-clear-guidance-on-the-law-governing-arbitration-agreements-and-grants-anti-suit-injunction-restraining-party-from-pursuing-russian-court-proceedings/. [17] Gary B. Born, International Commercial Arbitration 580 (2d ed. 2014). [18] Ardavan Arzandeh, The...
The Expanded Powers of UK Courts in London-Seated Arbitration Agreements: ...
...real-life experience as an arbitrator—a ‘chicken and egg’ dilemma for aspiring arbitrators who may struggle, for various reasons, to obtain sufficient party or institutional confidence to secure their elusive first...
Outrunning the Shadows: The Arbitrator Shadowing Protocol Proposal
...or performance” of the Declarations themselves — in effect, claims that the other party had violated the Declarations — and, if necessary, to award monetary damages for any breach. In...
Case No. A27: The Iran-United States Claims Tribunal’s First Award ...
...the shares in the holding company to a third party. Respondent claimed that these transactions ran afoul of provisions of the franchise agreement that prohibited the Claimant from assigning the...
Carte Blanche (Singapore) PTE, Ltd. v. Carte Blanche International, Ltd. ...
...conflicting awards is particularly noticeable in the case of jurisdictionally fragmented multiparty relationships: in other words, the case where some of the several parties to a multiparty relationship have opted...