...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...
Search Results for : Limits to Party Autonomy
...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?
...that the law does not otherwise require. At the time, the party had no choice but to invoke Early Dismissal, but under the SIAC Arbitration Rules 2025, a party in...
Preliminary Determination and Early Dismissal in Arbitration: A Distinction Without ...
...Tribunal’s role in connection with prompting AI for legal research as well as the limits on the exercise of the Tribunal’s discretion in this regard. Instead of curtailing the Tribunal’s...
Multi-Intelligence Justice in International Arbitration
...role as well as the discretion and the limits within which that discretion is exercised under the MIJ framework would engender a sense of responsibility and cultivate a sense of...
Multi-Intelligence Justice in International Arbitration
...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 ...
...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 ...
...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 ...
...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...
Improving Life with the Party-Approinted Arbitrator: Clearer Conduct Guidelines for ...
...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
...and party autonomy in the matter of interest, and said in terms that no treaty claim was before it. What the passage supplies is an interpretive premise and an argumentative...
The Supervisory Court as an Organ of the State: MPRDC ...
...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...