Search Results for : Limits to Party Autonomy

...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

February 27, 2026 in Blog tagged Agreement to Arbitrate / Court Decisions / Defects and Invalidity by Skye Lantian Chen

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

March 21, 2022 in Blog by ARIA

...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 ...

April 15, 2021 in Blog / TagTime by clairesheridan

...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

July 20, 2022 in Blog tagged international / Investment Arbitration / Umbrella Clauses by ARIA

...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

February 12, 2026 in Uncategorized by Skye Lantian Chen

...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

February 5, 2026 in Blog tagged Arbitration by Skye Lantian Chen

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 ...

July 28, 2020 by Claire Sheridan

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. ...

July 26, 2020 by Claire Sheridan

...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 ...

July 27, 2022 by ARIA

...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 ...

October 12, 2020 in Blog by clairesheridan

...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 ...

October 13, 2025 in Blog tagged Authority of the Arbitral Tribunal / Dispute Resolution and Litigation / Jurisdiction and Powers of the Courts in Matters of Arbitration Generally / Mediation by Skye Lantian Chen

...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

October 16, 2023 in Blog by Yue-Zhen Li