...by recent judicial decisions in England. Notable among the features of the new Act is the primacy it grants to the autonomy of the parties to an arbitration. The Act...
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...international arbitration remains a persistent source of debate. The basic problem is a straightforward one: contractual arbitration arises as a matter of the parties’ consent, but the resolution of contractual...
Does International Arbitration Need A Mandatory Rules Method? – Vol. ...
...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. ...
...most difficult issues in international commercial arbitration. By “mandatory rule,” I mean an imperative rule of law that cannot be excluded by agreement of the parties. This article does not...
Mandatory Rules In International Commercial Arbitration: An English Law Perspective – ...
...award? The Parties’ Submissions India filed an appeal in the Singapore Court of Appeal against the award, arguing that the tribunal lacked jurisdiction. It contended that it was not barred...
SGCA’s Ruling in Republic of India v. Deutsche Telekom: The ...
...parties is void or voidable; and (ii) may parties, before any dispute has arisen, waive their right to seek judicial review of an award? Download Full PDF *Arbitral & Judicial...
Judicial Review in International Arbitration: The Swedish Supreme Court Decision ...
...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...
The Relevance (Or Lack Thereof) Of The Notion Of Mandatory ...
...applying mediation rules to international mediations. I. SELECTING A NEUTRAL MEDIATOR How do you select a mediator in a cross-border dispute whom both sides view as neutral? Parties must be...
Mining Mediation Rules for Representation Opportunities and Obstacles – 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. ...
...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 ...
...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
...to party autonomy and the choice of law in contracts. However, in doing so, it should not blindly follow the parties’ direction. This is due to the pragmatic concern of...