Articles Improving Life with the Party-Approinted Arbitrator: Clearer Conduct Guidelines for “Nonneutrals” James H. Carter In God We Trust, All Others Pay Cash: Security for Costs in International Commercial Arbitration...
Search Results for : Limits to Party Autonomy
...separate but similar international arbitration cases initiated by the same party. As one English solicitor was quick to point out, these decisions will doubtless provide an opportunity for critics to...
One Small Step Backward?: A Comment on the Ken-Ren Cases* ...
...the scope of the arbitration agreement narrow would be unjust in situations that involve group companies, contract mistakes, and persons giving the appearance of a party without actually signing the...
Law Applicable to the Extension of the Arbitration Agreement to ...
...this arbitration, Esso had demanded that the respondents agree to treat as confidential all submissions made in the arbitration and not to disclose any of them to any third party....
Confidentiality in Arbitration* – Vol. 6 No. 1
...of action, in some cases after the commencement of litigation. It is not uncommon for a party to seek to persuade a court that it is an inconvenient or inappropriate...
Safeguarding Arbitral Integrity In Nigeria: Potential Conflict Between Legislative Policies ...
...subordinate rights in personam that arise from rights in rem; when the cause of action and subject matter of the dispute affects third party rights; have erga omnes effect; require...
Harmonizing Arbitration and Competition Law Disputes: Pursuing Consistency In Adjudication
...as those applicable to domestic arbitration. In practice, applicable Italian rules are most often superseded by rules contained in two international conventions to which Italy is a party: the New...
International Arbitration in Italy – Vol. 1 No. 1
...prohibition in domestic legal systems, yet it is the commercial norm in calculating interest in modern financial transactions. The practices of financial institutions mean that a party with surplus funds...
Awarding Compound Interest In International Arbitration – Vol. 12 No. ...
...contract was actually formed, the recalcitrant party has defenses available under the common law, such as fraud, duress, and undue influence, which can be used to contest the agreement’s …...
Adoptive Arbitration: An Alternative Approach to Enforcing Cross-Border Mediation Settlement ...
...opt-out class actions, because, in effect, the party-appointed arbitrators who would make these decisions would be more likely to rule in accord with the positions of the named parties than...
Does A “Silent” Arbitration Clause Preclude A Class Action? The Supreme ...
...needs. Overall, its main advantages are enforceability, party control, neutrality, privacy and confidentiality, costeffectiveness and speed. The ability of the disputing parties to enjoy the abovementioned advantages is conditional on...
International Commercial Arbitration In The CIS And Mongolia* – Vol. ...
...to obtain documents or hear testimony from a third party. II. FEDERAL ARBITRATION ACT BACKGROUND Section 7 of the FAA provides that arbitrators, or a majority of them: may summon...