...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...
Search Results for : Limits to Party Autonomy
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...
Third Party Funding In Arbitration In India
...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 ...
...to the parties’ consent to arbitrate while respecting party autonomy by giving effect to the language they chose. The decision raises broader questions about how permissive terms such as “may”...
One Word, Two Worlds: What “Can” really means in Permissive ...
...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...
Empirics-Based Umbrella Clause Interpretation
...if it had been able to accommodate the modern concepts of party autonomy of procedure in the sense of Modern Law, or of the power of a tribunal to order...
Seated but Unsettled: Which Law Governs an International Arbitration Seated ...
...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
...York law, for example, the implied covenant is breached when a party acts in a manner that directly destroys orinjures the right of the other party to receive the fruits...
Dépeçage in International Commercial Arbitration
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. ...
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 ...
...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...