...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
...virtue implicitly promoted throughout the book—is indispensable in arbitration. Arbitrators must recognize the limits of their own expertise and rely on expert testimony, party submissions, and collaborative deliberation within the...
Humanism and Responsibility in Arbitral Decision-Making Lessons from Letters to ...
...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...
The ‘Abeyance’ of the Indus Water Treaty: A strategic interpretative ...
...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 ...
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
...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 ...
...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
...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* – ...
...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
...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 ...
...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...