...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...
Search Results for : Limits to Party Autonomy
...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 ...
...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
...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 ...
Author: Devanshu Sajlan* Jurisdiction: United States United Kingdom India Topics: ADR Patents Evidence The landscape of international arbitration is built upon the pillars of party autonomy and the finality...
A Case That Travels: DMRC v. DAMEPL and the Universal ...
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 ...
...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
...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,...
Unpacking the New Greek Law on International Commercial Arbitration
...that “[t]he parties shall be treated with equality and each party shall be given a full opportunity of presenting his case.”[12] If a party “was otherwise unable to present his...
Is it appropriate to conduct a remote hearing under the ...
...arbitration clause may restrict access to the third party by filing a request for arbitration. However, both proceedings (arbitration and third-party deference) may be conducted in parallel, without necessarily existing...
The Perils of Intra-Corporate Arbitration for ESG Disputes
...This naturally poses a challenge in proceedings implicating consolidated hearings or the impleadment of non-signatories. Secondly, the provision limits the exceptions to confidentiality to the disclosure of the award for...
Confidentiality Concerns in Arbitration Disputes: Implementation of Confidentiality in Courts ...
...consequences. At the stage of initiation of claims, courts and other tribunals consider the basic principle of party autonomy and the doctrine of separability. It is possible that the main...