...State Party and the Defense of State Immunity Renata Brazil-David Notes and Comments Enforcement Begins When the Arbitration Clause Is Drafted Claudia T. Salomon and J.P. Duffy Collective Redress in...
Search Results for : Limits to Party Autonomy
...on law and practice in regard to the issuance by arbitrators of compulsory process for evidence to be obtained from non-party witnesses.1 A major impetus for this project was the...
A Model Federal Arbitration Summons to Testify and Present Documentary ...
...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: ...
...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 ...
...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
...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...