...great uncertainty for parties and practitioners. From Formalism to Liberalism: The Early Judicial Struggle Pathological clauses are hardly a modern phenomenon. Under the Arbitration Act of 1940, Indian courts approached...
Search Results for : Parties
...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...
Hague Rules on Business and Human Rights Arbitration: What Lies ...
...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...
How Does Hong Kong’s New National Security Law Affect Its ...
...dynamics. Understanding these dynamics can illuminate the meaning of contractual obligations and the expectations of the parties. Second, the humanistic perspective emphasized by Asfor Rocha promotes proportionality in adjudication. Arbitrators...
Humanism and Responsibility in Arbitral Decision-Making Lessons from Letters 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...
Systemic Integration: Resolving the Dichotomy of Competing Obligations in International ...
...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...
Arbitrators vs Bot-rators: Can AI Make International Arbitration Fairer and ...
...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...
The Significance of Servotronics in Determining Discovery Procedures in Private ...
...one of the parties, or an affiliate of one of the parties.” Since Mr. Yeap was involved only in a sole arbitration matter in connection with Mr. Atwal, and he...
Disclosure Requirements in Arbitral Appointments
...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...
Applying Mandatory Rules Of Law In International Commercial Arbitration – ...
...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...
Proposed Guidelines for the Disclosure of Third-Party Funding Arrangements in ...
...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...
Bangladesh’s Regime Change – The India-Bangladesh BIT (2009) and the ...
...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...