...in most countries. Confidentiality has not been made mandatory under the UNCITRAL Model Law. On the contrary, party autonomy has been given a higher pedestal. Furthermore, the UNCITRAL Arbitration Rules...
Search Results for : Limits to Party Autonomy
...agreement? Will party autonomy prevail, or will such autonomy be overridden by agreement to the SIAC Rules? In this regard, the rules expressly provide that the rules and procedures set...
New Year, New Rules: Highlighting 10 Key Features of the ...
...The underlying nature of arbitration as a consent-driven mechanism which is based upon party autonomy confirms that arbitrators are not primarily entrusted with the mission of defending public interests like...
The Role of Blocking Regulations in International Arbitration: A Ground ...
...to impose countermeasures against states that restrict Chinese entities’ immunity abroad. This provision reflects China’s strategic autonomy while aligning with international law’s emphasis on mutual respect among sovereign states. The...
China’s Procedural Innovations in State Immunity: A Comprehensive Analysis of ...
...if the challenging party successfully proves any of the following grounds: a party to the arbitration agreement was under some incapacity; the arbitration agreement is not valid under the law...
The Brazil-Nigeria Samba: From Partners in Business to Parties in ...
...of consensus between parties or in the case of a recalcitrant party or similar cases[11], giving deference to party autonomy. They may also provide for necessary disclosures to be made...
Regulating Arbitrator Conduct: Interplay between Independence, Impartiality and Disclosure
Author: Sam Blay** Published: December 1997 Jurisdiction: China Topics: Parties Description: As far back as 1956, the People’s Republic of China established the Foreign Trade Arbitration Commission (FTAC). Under the...
Party Autonomy in Chinese International Arbitration: A Comment on Recent ...
...under FDI arbitration constrain States’ exercise of national sovereignty, particularly their regulatory autonomy to enact regulations and design policies to advance these public interests. FDI arbitration is tainted by incoherencies...
Effects of Foreign Direct Investment Arbitration on a State’s Regulatory ...
...party, should disclose the existence of that third-party funding arrangement. At the very least, Professor Catherine Rogers, a leading commentator on third-party arbitration funding, commented in 2014 that “[w]hatever else...
Proposed Guidelines for the Disclosure of Third-Party Funding Arrangements in ...
...judicial rewriting, constraining party autonomy in the name of pro-arbitration zeal. This tension—between salvaging defective clauses and respecting contractual limits—illustrates the central paradox of Indian arbitration: liberalism without discipline can...
India’s Pathological Arbitration Clauses: Time for a Doctrinal Cure
...A party, which owned a site that was to be visited, notified the tribunal about four days before the scheduled visit of its objection to the counterparty being present on...
TagTime with Prof. Nayla Comair-Obeid – Robust Arbitrators: How to ...
Authors: Sakshi Srivastava* Jurisdictions: India Topics: Third-Party Funding Domestic Arbitration Law Third Party Funding In India Third Party funding (hereinafter referred to as TPF) is essentially a new package...