...documents the parties’ agreement as to the content of written submissions” and continued to state that any claim made by the parties would have to be accompanied by written witness...
Search Results for : Parties
...mandatory on the parties. Even though the judgment required only actual compliance, the court observed that even if only “substantial compliance” is required, parties would be motivated to comply. The...
Whether Contractual Preconditions to Arbitration should be regarded as ‘Impediments’ ...
...when signed. The parties performed diligently. Then a trade measure intervened, and the numbers stopped adding up. The dispute is no longer about breach in the ‘traditional’ sense. It is...
Tariffs, Sanctions and Cross-Border Contracts: International Arbitration Lessons from India
...different parties and leading to initiation of separate arbitration proceedings. In such cases, having the option to pursue such proceedings in a coordinated/concurrent manner, allows parties the logistical advantage of...
Coordinated Proceedings: A logistical boon to save costs while maintaining ...
...must respect the decision of the parties, the lex arbitri. However, if parties don’t agree on the applicable law for procedural matters, the arbitral tribunal may opt to extend the...
What Should Be the Applicable Law to Arbitration Agreements?
...sought, arbitration proceedings were within the reasonable contemplation of the parties. The order comes on the heels of the Supreme Court dismissal of Servotronics Inc. v. Rolls-Royce PLC[7] without deciding...
Using 28 U.S.C. § 1782 to Assist a Private International ...
...parties.[2] It is, however, understood that arbitrations held in Brazil are domestic and those with seats outside of Brazil are international. The BAA governs the former. The BAA was inspired...
The Brazil-Nigeria Samba: From Partners in Business to Parties in ...
...empirical facts about the investment relationship between parties to the applicable international investment agreement. And the following rule of construction should emerge from such an inquiry: when the size of...
Empirics-Based Umbrella Clause Interpretation
...all reasons upon which it is based, unless the parties have agreed that no reasons are to be stated therein.” Hence, the parties can include a waiver of reasons requirement...
Reasoned Arbitral Awards: An Iranian Perspective
...parties have made an agreement referred to in section 44, shall, at the request of one of the parties or any person claiming through or under him, refer the parties...
Anti-Arbitration Injunctions: The Endless Tussle for Jurisdiction
...the parties. In the view of the court, the language of the AAA rules, incorporated by reference, constituted the parties’ submission to the rules. Therefore, this was an indication...
TagTime with Dr. Julie Bédard*** – Who Decides: Courts or ...
...asserting its validity all depend upon the law governed by it. Once the arbitration agreement is executed between two parties, it deploys an arbitral tribunal whose prerequisite is the formulation...