...fact damages. Parties in international arbitrations are no exception. For those parties, the institutional arbitration rules that they choose will have a determinative impact on whether they will be able...
Search Results for : Parties
...this note served as the single arbitrator selected by the parties. He finds himself in the curious position of appreciating that his decision was attacked in court because it opened...
GTE Communication Systems Corporation v. Thomson CSF Telephone, S.A. No. ...
...autonomy entails not only the parties’ freedom to choose arbitration, it also grants the parties the sovereignty (and charges them with the responsibility) to organize the proceedings in the way...
A New Arbitration Law for Belgium: UNCITRAL Enters the Scene ...
...Kompetenz-Kompetenz, which largely eliminates the possibility of court intervention once the arbitral proceedings commence. Unless touching upon the eligibility of arbitrators, parties are typically not permitted to raise judicial challenges...
Subject Bias – The Blurring Lines Between Practitioners and Arbitrators
...in arbitration, still less the practices familiar to one or more counsel representing the parties. However, there remains the need to ensure that the parties have had a full and...
Documentary Discovery and International Commercial Arbitration – Vol. 17 No. ...
Author: Noah Sosnick Jurisdiction: International Topics: ICSID International Institutions and Rules ADR Investment Disputes Practice and Procedure Third Parties in Arbitral Proceedings On March 15, the International Centre for Settlement...
ICSID Rules Amendments: Two Major Proposed Reforms and Reactions from ...
...directly apply the forum’s substantive law despite the parties’ chosen law; (2) they directly apply the parties’ chosen law; and (3) they apply the forum’s choice-of-law rules to find the...
A Harmonizing Framework for Choice-of-Law Practices in U.S. Judicial Enforcement ...
...Section 5 of the FAA explicitly recognizes parties’ right to adopt an arbitrator appointment mechanism of their choice.[15] However, party autonomy is not unbridled, and the safeguards specified in Section...
Unilateral Arbitrator Appointments in the US – A tussle between ...
...to extend their reach to human rights concerns if they so choose.[2] There are several circumstances where parties may desire to arbitrate human rights concerns. Where jurisdiction is present, parties...
The Evolving Role of Human Rights in International Arbitration
...the lawyers and parties in international arbitrations. For example, Opus 2 Magnum is widely used “as an online platform that facilitates communication and procedural understanding between parties in arbitration.”[7] Because...
The Use of New Technologies in International Arbitration
...are still relatively rare, as parties who have agreed to submit to arbitration will presumably engage with proceedings. However, political and other factors may disincline parties from cooperating, particularly where...
TagTime with Judith Levine – Arbitration in Absentia: How to ...
...will increase before commercial courts worldwide. Parties may agree to employ commercial arbitration to extract these subjects from the public eye.[1] It is not unlikely for shareholders to add arbitration...