...to sever wherever practical.[5] Second, the parties’ commitment to submit disputes to arbitration is clear. Finally, severance is required to ensure commercial certainty.[6] Judge Brown’s Reply In reply to Judge...
Search Results for : Parties
...deriving from the transaction in general? When the written intent of the parties is ambiguous, the interpreter is called to “fill” such a void and apply general law principles to...
Relativity of Contracts and Severability of the Arbitration Clause in ...
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 ...
...claiming that, “[t]here are important treatises on international arbitration which do not even discuss the variety of remedies which parties may pursue.” The lack of literature is possibly a consequence...
Specific Relief in International Arbitration
...hire a specialist lawyer to deal with cases brought before the CAS. Additionally, in view of the potential parties’ lack of knowledge and awareness regarding the CAS’s system of legal...
Proposals to Amend the Code of the Court of Arbitration ...
...actual or potential dispute, an important issue to be considered, and one which greatly impacts the parties during the course of the arbitration (for better or worse), is the procedure...
Commencement of the Arbitration and Conduct of the Arbitration Articles ...
...of the strict application of the UCC. The cases allowing contracting parties to escape their responsibilities under long-term contracts on the basis of changed circumstances (UCC 2-615) were sparse; indeed,...
Memories of Hans Smit the Arbitrator – Vol. 23 No. ...
Author: Anoosha Boralessa* Published: December 2005 Topics: Investment Disputes ICSID Parties Capacity of Parties Description: I. INTRODUCTION “[A]rbitration claims to be free. The will of the parties . . ....
The Limitations of Party Autonomy in ICSID Arbitration – Vol. ...
...sports arbitration. In contrast to the business world, where parties typically5 face each other in a horizontal relationship as parties to a contract with similar bargaining power, athletes find themselves...
Sports Arbitration: How the Structure and Other Features of Competitive ...
...is suggested that the ambiguities could be minimized if arbitration tribunals were selected, either by the parties directly or on their behalf by arbitral institutions, from predesignated groups of disinterested...
Living with the Party-Appointed Arbitrator: Judicial Confusion, Ethical Codes and ...
Author: Michael Bühler* Published: December 1992 Topics: Interest and Costs Apportioning of Costs Arbitration Fees Expenses of Parties ICC Description: International commercial arbitration is commonly praised by its advocates as...
Costs in ICC Arbitration: A Practitioner’s View – Vol. 3 ...
...which inherently possess jurisdiction to hear disputes as the established organs of law enforcement within a legal system, arbitral tribunals are creations of contracts between parties. Arbitral tribunals exist only...