...Kirrin Hough, Third Party Funding in International Investor-State Arbitration, ASIL Insights (Nov. 1, 2018) https://www.asil.org/insights/volume/22/issue/16/third-party-funding-international-investor-state-arbitration [18] Id. [19] Rule Amendment Project – Member State & Public Comments on Working Paper...
Search Results for : Limits to Party Autonomy
...clause of the 1991 Netherlands-Slovakia Bilateral Investment Treaty is incompatible with EU law due to the adverse effect it poses on the autonomy of EU law.[3] Given that there are...
The Invalidity of Intra-EU Bilateral Investment Treaties after Slovakia v. ...
...be chosen and each party may desire that one member of the tribunal be familiar with its own law and customs. Party-appointed arbitrators also may be expected to play a...
Living with the Party-Appointed Arbitrator: Judicial Confusion, Ethical Codes and ...
...of unification of African laws has been considered as the only solution to eliminate obstacles to development from judicial differences amongst the African countries. The cultural and geographic limits that...
TagTime with Yemi Candide-Johnson SAN – Intra-Africa trade and the ...
...objection to this methodology—party autonomy in international arbitration law is supreme. It manifests in the parties’ choice of law to govern the contract, the arbitration process (Lex arbitri, or the...
Case Comment: Comissa v. PEMEX, 832 F.3d 92 (2d Cir. ...
...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?
...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 ...
...— 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...
Disqualiying Lawyers in Arbitration: Do the Arbitrators Play any Proper ...
...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 ...
...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 ...
...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...