...— founded on the principle of party autonomy — that favors arbitration and severely limits judicial intervention in the arbitral process. Nor did the court give due recognition to the...
Search Results for : Limits to Party Autonomy
...Article XXI is totally self-judging, even when this article expressly stipulates that “[n]othing in this Agreement shall be construed [. . .] to prevent any contracting party from taking any...
Necessity in Investment Arbitration: Boosting the ICSID System’s Legitimacy
...usual choice-of-law processes or rather outside them, intersect with important debates about the nature and limits of private international law itself. Yet for all that attention, it is not clear...
Mandatory Rules In Civil Litigation: Status Of The Doctrine Post-Globalization ...
...award is liable to rejected as discussed herein. Furthermore, Russian courts have the power to order the party in breach of the anti-injunction to pay the sanctioned party an amount...
Arbitration or Sanctions: Who Survives the Battlefield?
...is largely considered the primary duty and prerogative of the member states to set up national legal systems. This is referred to as the principle of procedural autonomy. This principle,...
Spillovers of European Consumer Law: Validity of Arbitration Agreements and ...
...not the Government, as the contracting party. The inclusion of an assignment clause permitting the Trust to assign rights to the Government indicated the Government was not already a party....
Issues Relating to Non-Signatories in International Arbitration: A Comparative Analysis ...
...communications or exchange of documents between either of them or with a third party such as an expert). These two affect almost everyone in a legal proceeding. Further privileges are...
TagTime with Samaa Haridi – Legal Privilege in International Commercial ...
...the nonneutral’s role? If we must live with him or her, can practical rules of conduct for the nonneutral party-appointed arbitrator be clarified? 1. NEUTRAL AND NONNEUTRAL PARTY-APPOINTED ARBITRATORS Party-appointed...
Improving Life with the Party-Approinted Arbitrator: Clearer Conduct Guidelines for ...
...a brand-new provision on third-party funding (AR 14) which identifies elements of “third-party” and defines coverage of third-party funding. Second, the increasing applications for security for costs led to the...
TagTime with Meg Kinnear – Tracking the Evolution of the ...
...available with the party applying for reference to arbitration under sub-section (1), and the said agreement or certified copy is retained by the other party to that agreement, then, the...
Why So Serious? – The Avitel Case – India, Serious ...
...Hanotiau Party Autonomy in Chinese International Arbitration: A Comment on Recent Developments Sam Blay Arbitral & Judicial Decisions Is Manifest Disregard of the Law or the Evidence or Both a...
Volume 8: Issue 3–4 (December 1997)
...a multi-party proceedings – to be shaped by arbitral tribunals and courts, which have to interpret and apply the same rules applicable to “ordinary” commercial arbitrations. Italy is an exception...