...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...
Search Results for : Limits to Party Autonomy
...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 ...
...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 ...
...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
...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 & ...
...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...