...in the context of international commercial arbitration as rules that “arise outside the contract, apply regardless of what the parties agree to, and are typically designed to protect public interests...
Search Results for : Parties
...is gathered and presented to the court or arbitral tribunal. Facts are often seen as invariable and not really being in dispute. However, in practice, parties will try to interpret...
The Taking of Documentary Evidence in International Arbitration* – Vol. ...
...Assistance in Procedural Matters New York Convention Applicable Law Description: “Split” or “hybrid” arbitration clauses enable one or more of the parties to an agreement to elect to address disputes...
Split Arbitration Clauses: An International Overview – Vol. 30 No. ...
...in intellectual property disputes. The Rules include features ¾ such as specifying that the parties’ choice of law will be construed as excluding reference to a state’s conflict of laws...
Awards and Other Decisions Articles 59 to 66 – Vol. ...
Author: Kate Joohyun Lee** Published: September 2019 Jurisdiction: International Topics: Enforcement of Arbitral Awards Multiple Parties Court Decisions Contractual Expansion or Limitation of Judicial Review Responsibility of Parties Bankruptcy of...
Piercing the Double Veil: Enforcing Arbitral Awards Against Nonsignatories in ...
...set out in the Member States.[23] Such an incoherent and limited review by domestic courts may be tolerable in commercial arbitration, which follows directly from the parties’ free will. However,...
Lights Out for the Energy Charter Treaty? The ECJ’s Next ...
...would open the floodgates to vastly expanded postaward litigation. Once expanded review was recognized parties could agree on any number of different judicial standards that would invite post-award challenges, which...
Beyond Agnosticism: The Policy Justifications for the Supreme Court’s Decision ...
...court is barred from determining whether the parties have agreed to arbitrate a dispute absent mutual consent from the parties or the arbitrators.11 Lastly, under German law, a contract containing...
Bitter Tiers: BG Group and the Future of Multi-Tiered International Arbitration ...
...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
Author: Alan Scott Rau* Published: September 2019 Jurisdiction: International Topics: Arbitral Adjudication Agreement to Arbitrate Third Parties in Arbitral Proceedings Applicable Law Applicable Conflict-of-Laws System Authority of the Arbitral Tribunal...
Arbitrators and the Interpretation of Contracts – Vol. 29 No. ...
...asserting that the parties of the U.S.-Argentina BIT should be deemed the sole judges of whether measures could be taken under that clause that would otherwise be derogations of the...
Necessity in Investment Arbitration: Boosting the ICSID System’s Legitimacy
...opt-out class actions, because, in effect, the party-appointed arbitrators who would make these decisions would be more likely to rule in accord with the positions of the named parties than...