...State are a party reveals several agreements that frustrate the ICJ’s exercise of jurisdiction in this case. The two most prominent agreements are the 1981 Algiers Accords, which established the...
Search Results for : Limits to Party Autonomy
...resolving international commercial disputes. This purpose would be severely undermined if the losing party in an international arbitration could easily litigate the merits of the arbitral proceeding. As one U.S....
Circumvention of New York Convention Requirements Through Application of Domestic ...
...a party to this contract). The product will be sold in the world market by one of the U.S. parties to the distribution contract, with a profit-sharing arrangement for the...
Planning for Commercial Dispute Resolution In Mainland China – Vol. 16 ...
...and principles of international law. Second is the decision that an award of compound interest is justified when calculating the payment due a party whose property has been expropriated without...
The Santa Elena Case: Two Steps Forward, Three Steps Back ...
...Arab and developing countries, is currently aware of the vital role and advantages of arbitration in settling international commercial disputes. Tunisia is a party to major international, regional and bilateral...
The Tunisian Law on International Arbitration – Vol. 4 No. ...
...parts. First, I criticize the existing approaches for not optimally serving what I identify to be the four policies which a rule determining LGAA should serve: (1) vindicating party intent,...
Resolving the Difficulties of Determining What Law Governs the Validity ...
...and thereby converted into something of value, or it is refused enforcement and the winning party’s damages (and costs and time and trouble) go uncompensated. Thus, it is not enough...
The Enforcement of Foreign Arbitral Awards in Russia: An Analysis ...
...an award challenged on the grounds that the arbitrator had, against one party’s request, conducted the arbitral proceeding without an evidentiary hearing.1 In addition, extrinsic evidence submitted had been rejected...
Oral Presentation of Evidence and the Application of the Parol ...
...the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”), recognition and enforcement of an arbitration award may be denied if the opposing party can prove that s/he...
The Due Process Defense to Recognition and Enforcement of Foreign ...
Articles Commercial Multi-Party Arbitration: A Case-by-Case Approach Andreas Austmann Developing Views on What Constitutes a “Foreign Arbitration Agreement” and a “Foreign Award” Under the New York Convention Lawrence F. Ebb...
Volume 1: Issue 3 (October 1990)
...third party whose competence is unchallenged, a role most commonly played by the judiciary. Download Full PDF *Notes & Comments **Abrogado, Lecturer of Procedural Law at University Pompeu Fabra (Barcelona);...
Spanish Perspectives on the Doctrines of Kompetenz-Kompetenz and Separability: A ...
...the shares in the holding company to a third party. Respondent claimed that these transactions ran afoul of provisions of the franchise agreement that prohibited the Claimant from assigning the...