...these parties aim to resolve their disputes through arbitration. An arbitration process intrinsically reflects flexibility, neutrality, a consensual approach, and speedy disposal of cases. With the imposition of sanctions, these...
Search Results for : Parties
...Arbitration and Conciliation Act, 1996 allows the parties to choose the procedure to be adopted to conduct the arbitration proceedings.[23] Considering that the parties chose one set of institutional rules,...
Key Considerations in Drafting Dispute Resolution Clause in the COVID ...
...such agreements. Article II(3) directs courts to refer “parties” to arbitration without restricting “parties” to signatories. Second, the Convention’s silence on non-signatory enforcement permits Chapter 1 of the FAA to...
Issues Relating to Non-Signatories in International Arbitration: A Comparative Analysis ...
...is available to the tribunal and the parties. This gives parties a certain security as they know that the tribunal’s discretion will draw upon existing doctrine or precedent. The downside...
TagTime with Samaa Haridi – Legal Privilege in International Commercial ...
...of the key advantages of arbitration is the freedom of choice and control given to the parties, known as party autonomy. By the arbitration agreement, the parties exercise a certain...
A Case for Diversity in the Seat of Arbitration
...to over-ride any contrary agreement of the parties, as they consciously incorporate institutional rules in their arbitration agreement. This argument, however, ignores the perceived tension between the parties’ selection of...
The Perceived Tension Between Party Autonomy and Expedited Procedure Under ...
...inter alia, situations in which the arbitrator had an interest in the case, serious enmity towards one of the parties, or specified personal or business relationships with one of the...
The Recent Amendment of Italy’s Arbitration Law and the Ongoing ...
...Parties only afford some level of environmental or labor protections, but it needs to be comprehensive and implemented with considerable force. At the domestic level, parties to the CAI can...
The EU-China Comprehensive Agreement on Investments – Promoting Sustainable Business ...
...writing the consent of the parties to entrust the ICSID with the administration of their case. In investment arbitrations, parties’ consent is not usually recorded in the same document; rather,...
A Potentially Vast Procedural Framework for ICSID Arbitration Provisions Silent ...
...complete endorsement to parties’ autonomy of its choices of the seat of arbitration and law to govern the arbitration agreement itself and the underlying contract. Preluded by the 2025 judicial...
An Awaited Echo of Party Autonomy: China’s New Arbitration ...
...(“sanctioned party/parties”), unless there is no dispute resolution clause to the contrary. If a dispute resolution clause exists, the Amendment allows parties to plead that the dispute resolution clause is...
Arbitration or Sanctions: Who Survives the Battlefield?
...is expected to increase. Post-M&A disputes are common given the manifold risk elements that exist after a deal has closed. While the interests between the parties may (or should) have...