...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...
Search Results for : Limits to Party Autonomy
...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 ...
...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 ...
...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. ...
...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...
Amazon v. Future Retail: (Re)Assessing India’s Tryst With the Group ...
...by recent judicial decisions in England. Notable among the features of the new Act is the primacy it grants to the autonomy of the parties to an arbitration. The Act...
Reform and Consolidation of English Arbitration Law – Vol. 8 ...
...preserve a party’s interests. These disputes can be lengthy and expose the parties to post-deal risks longer than they may have intended. Protracted legal disputes in and outside a court...
How to Limit the Risk of Overlong Post-M&A Arbitrations & ...
...to grant relief to a party when arbitration proceedings have no longer become convenient for such a party, but rather to assess and inquire into why such a party has...
Anti-Arbitration Injunctions: The Endless Tussle for Jurisdiction
...of the courts to party autonomy (Part II), and the approach of the courts to arbitration (Part III). It then turns to a consideration of the arbitrator’s dilemma (Part IV)...
A Choice of Public Law? Resolving the International Arbitration’s Dilemma ...
...ensure its consistency, its full effect and its autonomy as well as, ultimately, the particular nature of the law established by the [EU] Treaties.”[5] By contrast, the CJEU assigned little...
The Unresolved EU Law Question: Reorganizing the Current Status of ...
...with the assistance of a third party, as opposed to arbitration, where an arbitrator is selected to resolve the parties’ dispute—in government procurement contracts. Furthermore, the Guidelines seek to restrict...