...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...
Search Results for : Parties
...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
...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 ...
...(“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...
How to Limit the Risk of Overlong Post-M&A Arbitrations & ...
...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 ...
...the case at hand, the parties in all the contracts were the same, the same restrictive approach could not be applied. The parties had access to all the prior contracts;...
A Cautious Acceptance of Incorporation of Arbitration Clause by General ...
...of Arbitration Generally Law Applicable to the Merits Law Applicable to Procedure Lex Mercatoria Mandatory Rules Mediation Mediators Multiple Parties NAFTA National Institutions and Rules National Legislation Nationality of Arbitrators...
Search by Topic
...meets the “clear and unmistakable” standard parties have to demonstrate for an arbitrator’s review of arbitrability.[2] In Schein, the parties, who were both distributors of dental equipment, entered into a...
What did the 2018-2019 Supreme Court Term mean for the ...
...held that an arbitral tribunal, as a creature of contract between the parties, is not empowered to award pendente lite interest or future interest when the parties had specifically agreed...
Pendente Lite Interest and Future Interest Cannot be Awarded by ...
...on its own motion, after having invited the parties to express views, the arbitral tribunal may order the production of documents or other evidence in the parties’ possession or control...
Unpacking the New Greek Law on International Commercial Arbitration
...given the opportunity to select their arbitrators. This freedom to select arbitrators is an important consideration for parties in deciding to include an arbitration agreement in their contract. Parties may...