...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...
Search Results for : Limits to Party Autonomy
...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 ...
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 ...
...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 ...
...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
...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* – ...
...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...
The Recent Amendment of Italy’s Arbitration Law and the Ongoing ...
...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 ...
...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 ...
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
...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...