...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,...
Search Results for : Limits to Party Autonomy
...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 ...
...concurrently and several hearings were held together. Thus, as evident from the above discussion, in most cases, the only real pre-requisite for conducting coordinated proceedings is party consent. Potential...
Coordinated Proceedings: A logistical boon to save costs while maintaining ...
...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 ...
...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)
...the third-party funders and what is the nature of the third-party funding? Though this article will indeed address these questions soon, it may first be interesting to consider the concerns...
Third-Party Funding – In Search of a Definition – Vol. ...
...an order compelling a party to post security for costs, or any other form of interim measure. For mandatory or prohibitive injunctions, the debate about the appropriate standards centers on...
Interim Measures in International Arbitration: The Case for Applying High ...
Author: Joaquin Garino* Jurisdiction: International Topics: Investment Disputes Costs and Damages Third-Party Funding I. INTRODUCTION With the Unionmatex v. Turkmenistan award,[1] there are now three investor-state tribunals that ordered a...
Restating the Exceptional Circumstances that Warrant an Order for Security ...
...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...
International corporate arbitration: when the arbitration clause in a corporation’s ...
...of law, going against the mandate of §5 of ACA, which specifically limits such judicial intervention. Third, DAMEPL, as the aggrieved party, filed a Special Leave Petition (hereinafter, SLP) in...
The DMRC Case: An Ongoing Walk to Execute Arbitration Award
...recently begun to point out that this type of international arbitration limits the protection of some human rights, such as the rights to water, health, a healthy environment, and the...
TagTime with Dr. Yas Banifatemi – Arbitration as a means ...
...Retail.[13] From a theoretical perspective, the Group of Companies doctrine’s encroachment on the principle of party autonomy is justified by the application of the doctrine only where there exists a...