...of the Contracting Party, party to the dispute, including its rules on the conflict of laws, the law governing the authorization or agreement and such rules of international law as...
Search Results for : Limits to Party Autonomy
...and (ii) a dogmatic privatism that portrays it as the pure expression of party autonomy. By mobilizing the distinction between causality and imputation, and the idea that the normative order...
Book Review – Constitutional Arbitration: When Private Jurisdiction Meets Constitutionalism
...to one rooted in structural interdependence, introduces ambiguity that may inadvertently loosen the very limits the Court initially sets out to reinforce. This blog post argues that the severability doctrine...
Severability and Slippage: Rethinking Judicial Modification in Gayatri Balasamy
Author: Mark B. Rees** Published: December 1997 Jurisdiction: United States Topics: Contractual Expansion or Limitation of Judicial Review Description: The Court of Appeals for the Second Circuit, in Halligan v....
Halligan v. Piper Jaffray: The Collision between Arbitral Autonomy and ...
Author: Thomas E. Carbonneau* Published: March 2007 Jurisdiction: United States Topics: Responsibility of Arbitrators Recourse Against Award Generally Description: I. INTRODUCTION The consensus among like-minded national legal systems regarding standards...
At the Crossroads of Legitimacy and Arbitral Autonomy – Vol. ...
...choose arbitration is because they have a choice in appointing the arbitrator. Efforts to promote diversity that impede on party autonomy are likely to be met with opposition from some...
A 360-Degree, Kaleidoscopic View of Diversity and Inclusion (or Lack ...
...conflict between party autonomy, the compétence-compétence principle, judicial intervention and the court’s duty to preserve legitimate claims. Striking a balance between these often-conflicting principles, in essence, can accurately be captured...
Between Scylla and Charybdis: Should Negative Jurisdictional Decisions by the ...
...4 weeks but if no solution is achieved a party may commence arbitration. Or the discussions may last for less than 4 weeks in which case a party must wait...
A Comparative Analysis of the Enforcement of Multi-tier Dispute Resolution ...
...of the key advantages of arbitration is the freedom of choice and control given to the parties, known as party autonomy. By the arbitration agreement, the parties exercise a certain...
A Case for Diversity in the Seat of Arbitration
...exclusion of third-party funding is notable considering the recent third-party funding secured by an investor in a dispute arising from the 1999 India- Australia BIT. The prohibition of third-party funding...
India–UAE Bilateral Investment Treaty 2024: Breaking New Ground or Following ...
...one party is absent.[14] Such rules seek to balance the risks of prejudice to either party, protecting the participant by ensuring that proceedings will continue while protecting the absentee by...
TagTime with Judith Levine – Arbitration in Absentia: How to ...
...may have implications on party autonomy – and it also permits the tribunal to ask the requesting party to provide a guarantee as a condition to granting interim relief (e.g.,...