...WMH then, accepting Canada’s proposal seemed optimal. Had the Parties failed to reach an agreement, the procedural dispute could only be settled by forming a tribunal to issue a final...
Search Results for : Parties
...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
...and the arbitral process deviated from the parties’ agreement because the parties had chosen mainland Dubai as their seat rather than the Center[15]. Applying Dallah, the court ruled that the...
Seated Elsewhere, Sued at Home: Pakistan’s Unheard Answer to Star ...
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. ...
Authors: Allen Waxman, Russ Bleemer and Anna M. Hershenberg Jurisdiction: International Topics: Arbitrators and Arbitral Tribunals CPR Confidentiality Responsibility of Parties Arbitrability Time Limits Discovery You can...
Seizing the Benefits of Arbitration — It’s in Your Hands
...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...
Does A “Silent” Arbitration Clause Preclude A Class Action? The Supreme ...
...BIT, while recognising the importance of stimulating the flow of mutual capital between the parties, notes that parties desire to achieve this goal “in a manner consistent with the protection...
Bridging the Gap Between Investment Arbitrations and Environmental Concerns: Can ...
...the area, was seen by all parties as pivotal in establishing a workable peace. During the arbitration process, the parties touched on several basic problems involving the sources of international...
The Role Of Ex Aequo Et Bono In International Border Settlement: ...
...field of international arbitration was once limited to the regulation of disputes between states; now, however, it encompasses disputes involving private parties. In international commercial arbitration, at least one of...
International Arbitration in Italy – Vol. 1 No. 1
...intangible subject matter that could be an agency or brokerage agreement. As for the payment, the parties would come up with an unusual structure. For example, the agency fees would...