...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...
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 ...
...initial section discussing the effect of party agreement upon arbitrators’ subpoena power (Section I below), the article addresses three issues: (i) the power of an arbitrator to direct a person...
Arbitral Subpoenas under U.S. Law and Practice – Vol. 14 ...
...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 ...
...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....
The Non-Enforceability of Decisions Rendered in Summary Arbitral Proceedings Pursuant ...
...derogated from by private parties in the exercise of their party… Download Full PDF *Jean Monnet Professor of European Union Law and Walter Gellhorn Professor of Law, Columbia Law School....
Introduction: Mandatory Rules Of Law In International Arbitration – Vol. ...
...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...