...disputes, it is well-positioned to win business from parties with growing concerns about Hong Kong’s judicial independence. Unsurprisingly, some parties have already been opting for Singapore as the alternative jurisdiction...
...due to its key advantages of neutrality, flexibility, and globally enforceable awards. It allows for an impartial forum, often outside the disputing parties’ territories, and gives each party the freedom...
...AAA LCIA Description: In practice, the parties to a dispute often feel the need for interim measures in connection with an international commercial arbitration. Interim measures of relief, also called...
...for submissions by interested third parties.[17] Importantly, the Hague Rules highlight the need to dilute the inequality of arms and power imbalances between the parties. Consequentially, due importance has been...
...the discovery rights §1782(a) grants to parties. If §1782(a) were to include private foreign arbitrations, this would mean that domestic arbitration parties would have significantly less discovery assistance than parties...
...guidelines for arbitrators and counsel who need to know when, where and to what extent subpoenas by arbitrators to parties or non-parties will be enforceable under U.S. law. Following an...
...or would the absence of the human element reassure parties of the impartiality and technical soundness of the decision? More broadly, would parties to a dispute trade off thoughtful human...
...any agreement to the contrary” by the parties. Most of these provisions can be labeled arbitral procedure, but some are “mixed” procedure and substance. Section 60 of the Arbitration Act...
...secured by requiring parties who make unsuccessful and unmeritorious applications for disclosure to pay costs. The risk of paying costs for making an unsuccessful application would deter parties from making...
...between the parties regarding the interpretation of the treaty or the application of its provisions” and (ii) “relevant rules of international law applicable in the relations between the parties” to...
...obligations can be applied horizontally (to private parties and not just states) despite the presence of an IIA; and (ii) Whether IHRL obligations should be applied horizontally. I will deal...
...Arbitrators Applicable Law Arbitral Process Representation and Legal Assistance Practice and Procedure Sources of Arbitration Law Parties Description: I. NEED FOR A HIERARCHY Ethics are an untamed wild in international...
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