...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...
Search Results for : Limits to Party Autonomy
...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 ...
...they also risk producing decision-making deadlock, particularly in a context of weak institutions, armed legacies, regional autonomy claims and competing external patrons. In this setting, arbitration can function as a...
International Arbitration as a Tool for Peace
...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.,...
Provisional Measures in Aid of Arbitration in Brazil
...refer questions to the ECJ under Article 267 of TFEU. As a result, intra-EU arbitration under the ECT, like under BITs, undermines the autonomy of EU law.[14] In summary,...
How Achmea Works Out in the United States: The Enforcement ...
...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 ...
...of party autonomy, one issue is how arbitrators are self-selected instead of being chosen by the parties. This takes away one of the advantages of arbitration of appointing, with parties’...
Blockchain Arbitration: Promises and Perils
Authors: Maud Piers* and Dirk De Meulemeester** Published: August 2014 Description: I. INTRODUCTION 1. Arbitration is a method of alternative dispute resolution that is based on party autonomy. In other...
A New Arbitration Law for Belgium: UNCITRAL Enters the Scene ...
...the interpretation of EU law, ensuring its full effectiveness. More specifically, founded on the standard jurisprudence of the CJEU, commercial arbitration is a mechanism solely based on private autonomy. Thus,...