...stops in defending what I regard as the statutorily precluded view that parties can expand by contract the permissible scope of judicial review of arbitral awards. Professor Rau, Professor Lowenfeld,...
Search Results for : Parties
...grants a right of appeal, by leave of the Supreme Court or upon the consent of all parties, on the ground that there is an error of law on the...
Judicial Review of Awards Under Australia’s Model Uniform Law – ...
...obligations under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (commonly known as the New York Convention), and undermine the parties’ intent to have their dispute decided...
Enforcement of International Arbitral Awards: Should a Party be Allowed ...
...or juridical persons. The Tribunal is particularly important because it is the only permanent, private arbitral forum available to both domestic and foreign commercial parties — whether residents, enterprises, or...
Argentina’s General Arbitration Tribunal: A Successful Pattern of Private Justice* ...
...which are mandatory in nature, i.e. which the parties cannot derogate from, hence which do not leave room for party autonomy, whatever their source or their name may be. This...
Mandatory Rules Of Law In International Arbitration: What Are Mandatory ...
Author: Raúl Pereira Fleury* Published: May 2017 Jurisdiction: International Topics: BITs States as Parties Investment Disputes Challenge of Arbitrators Description: Introduction State succession has always been a complex and controversial...
State Succession and BITs: Challenges for Investment Arbitration – Vol. ...
...II critiques the opinion and argues that, if contracting parties have so agreed, arbitrators should have the power to disqualify counsel who engage in misconduct that will clearly prejudice the...
Disqualiying Lawyers in Arbitration: Do the Arbitrators Play any Proper ...
...international arbitration. Whereas in most international arbitrations, claims arise from separate transactions or events, the claims referred to herein as “mass claims” arise when a large number of parties suffer...
Mass Claims Processes – Vol. 13 No. 1-4
...that the Panama Convention provides that where the parties to an arbitration agreement have failed to specify the procedural rules that will govern their arbitration, the Rules of the Inter-American...
U.S. Ratification and Implementation of the Inter-American Convention: A Commentary* ...
Author: Alejandro M. Garro** Published: December 1990 Description: Article 8 of Colombia’s new arbitration law of 1989 authorizes foreign citizens to serve as arbitrators, unless the parties to the dispute...
The Colombian Supreme Court Holds Unconstitutional the Participation of Foreign ...
Articles Evidence and Discovery in American Arbitration: The Problem of Third Parties Alan Scott Rau A Proposal to Clarify U.S. Law on Judicial Assistance in Taking Evidence for International Arbitration...
Volume 19: Issue 1 (April 2009)
...the New York Convention, was drafted at a time when arbitration was generically a bilateral process, today arbitration clauses are commonplace in transactions involving hundreds, if not thousands of parties....