...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...
Search Results for : Limits to Party Autonomy
...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...
The Way Forward: An Analysis of India’s New Guidelines for ...
...to termination and recission. In some jurisdictions, to terminate a contract for breach by the other party, the terminating party must have “clean hands” (as in, acting in good faith)....
TagTime with Prof. Dr. Mohamed S. Abdel Wahab – Good ...
...a party to demonstrate that its allegations are more likely true than those presented by the opposing party, establishing a genuine dispute where the winner is the one who provides...
Leniency Agreements and the Standard of Proof in Investor-State Arbitration: ...
Author: Tom Childs* Published: October 2015 Description: I. INTRODUCTION The issuance of a “final” arbitral award may only mark the midway point in an international commercial dispute. The losing party...
Enforcement of International Arbitral Awards: Should a Party be Allowed ...
Authors: Allen Waxman, Russ Bleemer and Anna M. Hershenberg Jurisdiction: International Topics: Arbitrators and Arbitral Tribunals CPR Confidentiality Responsibility of Parties Arbitrability Time Limits Discovery You can...
Seizing the Benefits of Arbitration — It’s in Your Hands
...arbitration has emerged in the United States. Called final offer, or last-best offer, arbitration, the dispute resolution procedure limits an arbitrator to choosing the final offer made by one of...
Final Offer Arbitration: A Model for Dispute Resolution in Domestic ...
...circumstances (Article 62). Moreover, the VCLT does not provide for any unilateral suspension or modification owing to conflicts, political tensions and aggression of one party. The VLCT does not provide...