...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...
Search Results for : Limits to Party Autonomy
...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...
The Invalidity of Intra-EU Bilateral Investment Treaties after Slovakia v. ...
...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?
...— 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 ...
...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 ...
...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....