...a means to maintain the integrity and efficiency of arbitration as well as a way to deter potentially obstructive behavior by a dissatisfied party. For example under French law a...
Search Results for : Limits to Party Autonomy
...a trojan horse—infiltrating a State’s network of investment treaties by importing broad substantive disciplines into many of the other investment treaties to which that State is party. In so doing,...
Examining New Approaches to the Interpretation of MFN Clauses in ...
...Manifest Disregard of the Law in the New York Supreme Court, Appellate Division, First Department Hans Smit Notes & Comments Multi-Party and Multi-Contract Arbitrations: Procedural Mechanisms and Interpretationof Arbitration Agreements...
Volume 15: Issue 1 (May 2005)
...enforced in Ukraine only if so provided in an international agreement to which Ukraine is a party. Ukraine, however, has international agreements on legal cooperation with only a very few...
Enforcing Foreign Arbitral Awards and Foreign Judgments in Ukraine* – ...
...before another court or tribunal. It is directed at a party, arbitrator, or arbitral institution which it purports to control. More frequently, an anti-suit injunction attempts to disrupt arbitral proceedings...
Injunctions in Favor Of and Against Arbitration – Vol. 21 ...
...mandatory dispute resolution mechanisms to address conflicts between ECT parties in these areas. As no reservations to the ECT are permissible, all ECT parties are required to accept binding third-party...
The Dispute Resolution Procedures of the Energy Charter Treaty: Made ...
...Arbitrators and has sat as sole and party-appointed arbitrator in domestic and international arbitrations. She is a Visiting Lecturer at the University of Law, UK and the founder of Careers...
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...disputes, geographically confined within the United States. Nevertheless, “international” aspects do creep into such cases, such as the involvement of a foreign party, the application of the arbitral rules of...
Thomas E. Carbonneau, The Law And Practice Of Arbitration* – ...
...usually resolve their controversies directly with the other party or using a professional negotiator. By analyzing the dispute, creating an appropriate bargaining strategy, and engaging in good faith bargaining, most...
Arbitration and Other Forms of Alternative Dispute Resolution – General ...
...attractive one from the perspective of both arbitrators and parties to an arbitration. Very often the place of arbitration is selected for reasons of convenience or neutrality, with neither party...
Delocalization of International Commercial Arbitration: Its Relevance in the New ...
...appeal lodged by a Chinese national.[14] The Supreme Court concluded that, from the point of view of a reasonable third party, all these facts gave rise to justifiable and objective...
Beware of What You Tweet – Social Media and the ...
...a party has consented to arbitration despite its lack of signature on the relevant arbitration agreement and its consent to arbitrate not otherwise recorded in a manner which is capable...