...— founded on the principle of party autonomy — that favors arbitration and severely limits judicial intervention in the arbitral process. Nor did the court give due recognition to the...
Search Results for : Limits to Party Autonomy
...only because one records an asset movement and the other records a contractual account position. A useful case-management step is therefore to require each party relying on a system-generated record...
When the Wrong System Is Right: Conflicting Records in Digital ...
...successes. The standard explanation is treaty non-membership – the DPRK is party to neither the New York Convention nor ICSID -plus the absence of attachable assets. A recent article in...
The Sanctions Wall: What Remains of an Arbitral Award Against—or ...
...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 ...
...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,...
Spillovers of European Consumer Law: Validity of Arbitration Agreements and ...
...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)
...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 ...
...may concern business secrets relating to a (new) technology. If a party also needs to protect information from becoming available to the opposing party in the arbitration, the parties need...
Tech Disputes – A view from above: How to deal ...
...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 ...
...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. ...
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 ...
...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...