...be agreed upon by the parties. Where a person has not submitted to arbitration, either by means of an arbitration clause in a main contract or a separate arbitration agreement,...
Search Results for : Parties
...And if the answer to the latter question—a cheap answer, perhaps, but not an entirely inaccurate one—is “the parties themselves,” how are we to understand what the parties are telling...
The Arbitrability Question Itself – Vol. 10 No. 3
...Courts in Matters of Arbitration Generally International Institutions and Rules ICJ Sovereign Immunity States as Parties Banking and Finance Disputes Description: Introduction On June 14, 2016, Iran submitted an application...
Other Pacific Means of Resolving Iran’s ICJ Certain Iranian Assets ...
...deciding whether, how, and to what extent to refer parties to arbitration in the face of resistance by one of them. And yet, this stage of judicial involvement in international...
The Role of National Courts at the Threshold of Arbitration* ...
Author: Danilo Ruggero Di Bella* Jurisdictions: Norway Spain European Union Topics: Investment Disputes International Litigation States as Parties Diplomatic Protection Full Protection and Security Introduction One of the primary purposes...
Full Protection and Security Standard: A Loophole in Diplomatic Protection ...
...the Court re-did an analysis of the cancellation clause. The Court concluded that the parties had agreed upon a contingent contract – the contingent event being the grant of Government...
The Indian Supreme Court’s Judgment in NAFED v. Alimenta S.A.: ...
...the circumstances of the arbitration, avoiding unnecessary delay and expense, so as to provide a fair, efficient and expeditious means for the final resolution of the parties’ dispute.” This, however,...
Mitigating Arbitration’s Flaws? The 2017 ICC Expedited Procedure Rules – ...
...Agreement or, alternatively, will become external agreements respected by the parties is still under consideration. The next kind of applicable substantive law is state-based contracts. For instance, a public-private partnership...
TagTime with Prof. Diane Desierto – Invoking Climate Change, Environmental ...
...awards. The Ninth Circuit proclaimed that parties may implicate state law in arbitration agreements to circumvent the limited judicial review of arbitral awards available under the FAA. This will frustrate...
The Veil of Acquiescence: Between the Lines of an Intuitive ...
...limits, though the issue might have been better resolved on arbitrability grounds (as in Achmea, Ingmar, Unamar, and national court decisions). RFC Seraing creates serious risks. Could parties now...
Once Upon a Time in RFC Seraing: the EU Frontier ...
...idea: even when parties do not trust each other, they can agree to trust a process. Even when they disagree on the facts, they can agree on who will decide...
The Last Court Standing: Arbitration in a World at War ...
...reliable dispute resolution system in order to encourage direct foreign investment in developing countries. The mixed nature of the parties involved in foreign investments often creates certain tensions, and is...