...and the lack of consensus in identifying with precision the limits of confidentiality.[29] The law in Italy is less clear than in England as to whether or not there is...
Search Results for : Limits to Party Autonomy
...Additionally, when a business’s reputation is threatened, arbitration provides a speedy resolution of a dispute and by this, limits potential harm to the business.[9] To prevent future human rights abuse...
International Arbitration as a Potential Forum for Business-Related Human Rights ...
...or a governmental or public entity is a party.[3] The Arbitration Statute provides substantially identical legal grounds for setting aside an international arbitral award issued in Colombia or refusing the...
Reviewing Colombian Supreme Court Judgments on International Arbitral Awards
...the ICISD Convention in the arbitration agreement, this post will question its automatic application to an arbitration administered by ICISD. This distinction may leave the requesting party, i.e., the claimant,...
A Potentially Vast Procedural Framework for ICSID Arbitration Provisions Silent ...
...concept of consent is central to arbitration, convenience must be weighed against preservation of party autonomy. Download Full PDF *Notes and Comments **J.D. Candidate, Columbia University School of Law, 1995....
International Approaches to Court Ordered Consolidation of Arbitral Proceedings* – ...
...Law on International Commercial Arbitration. In addition, the proposed revisions make arbitration easier for private parties by encouraging party autonomy and minimizing judicial interference. Most practitioners have received the proposed...
Chinese Ministry of Justice Proposes Amendments to its Arbitration Law
...decisive to the outcome of the case. In situations where a party believes the other party has documents helpful to its case, can that party expect discovery or disclosure of...
Disclosure Requests in International Commercial Arbitration: Finding a Balance Not ...
Author: Renata Brazil-David* Published: December 2011 Description: I. THE GROWING IMPORTANCE OF INTERNATIONAL COMMERCIAL ARBITRATION INVOLVING A STATE PARTY One of the most remarkable developments in international commercial arbitration is...
International Commercial Arbitration Involving a State Party and the Defense ...
...was stated that third-party funders are driven by business concerns and market realities rather than legal concerns. The panelists disagreed, however, on whether the fact that third-party funders are financing...
Columbia Arbitration Day 2020
...connection to either. For instance, let us assume a party from the United States and a party from Singapore choose Paris as the arbitral seat and English Law as the...
Determining Arbitrability at the Pre-Award Stage: An Analysis of the ...
...picture is sometimes grudging. The voices of proponents of “a-national” arbitration have not been stilled in the half century since they were first heard. Nonetheless, if a party that has...
Institutional Rules and Arbitral Jurisdiction: When Party Intent is Not ...
...source principle, giving rise to more precise doctrines with defined elements and consequences, such as lis pendens, res judicata or issue estoppel. Further, comity limits the availability of anti-suit injunctions....