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...
Search Results for : Limits to Party Autonomy
...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
...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 ...
...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...
Imposition of Economic Sanctions: An Embargo on International Commercial Arbitration?
...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 ...
...mechanism for dispute resolution and has become increasingly popular in the Brazilian mining industry. With its specialized expertise, confidentiality safeguards, cross-border enforceability, and the empowerment of party autonomy, arbitration can...
Mining Arbitration in Brazil
...when the tribunal rules that the claimant is the successful party and awards damages, it disregards the presence of third-party. It is assumed that the successful party itself has paid...
TagTime with Funke Adekoya SAN – Damages and Costs: Can ...
...TPF involves an extraneous party, with no prior interest in the lawsuit, who offers financial support to a party initiating, continuing, or completing litigation. In return, the third-party financer receives...
Third-Party Funding in the United States: A Systematic Judicial Analysis ...
...an arbitrator on an application by a party, are not new in the Indian arbitral jurisprudence. There have been extreme instances in which the Supreme Court has interpreted the jurisdiction...
Setting the Clock Back: Judicial Interference in the Appointment of ...
...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...
ICSID Rules Amendments: Two Major Proposed Reforms and Reactions from ...
...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 ...
...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...