...circumstances where “one of the parties simply refuses to comply with [its] demands relating to discovery.” But where information is in the hands of a nonsignatory — or more properly,...
Search Results for : Parties
Author: Ilias Bantekas* Published: May 2018 Jurisdiction: International Topics: Categories of Disputes Commercial Disputes Dispute Resolution and Litigation Mediation Parties Bankruptcy of a Party States as Parties Equality of Parties...
A Human Rights-Based Arbitral Tribunal for Sovereign Debt – Vol. ...
...and legal regimes. Each of the various parties involved has their own idealized form of resolution for disputes related to the OBOR Project. Unsurprisingly, these parties have conflicting interests and...
Forum Shopping: The One Belt One Road Initiative
...the seat principle, finds the opening, experiments with the distance Taisei is able to carry, shows the practical implications for parties, and compares the differences between how India dealt with...
Seated but Unsettled: Which Law Governs an International Arbitration Seated ...
...or international arbitrations to obtain documents and testimony from non-parties is far more circumscribed than the ability of litigants in U.S. litigation to obtain evidence from non-parties in federal court....
Obtaining Evidence From Non-Parties In International Arbitration In The United States – ...
...a majority (over 50%) of one of the parties[6]; the governing law agreed upon by the parties is foreign (non-Japanese) law; or Japan is the venue (the physical location) for...
Will the Recent Amendment to the Japanese Foreign Lawyers Act ...
...the parties. Another option would be to include in the contract a mediation clause whereby an eventual dispute between the parties would have to be submitted to a panel of...
The Choice Between Forum Selection, Mediation and Arbitration Clauses: European ...
...contributed significantly to the growth of arbitration in Brazil. Some of BAA’s main features are described below. BAA (Article 1) provides for a broad definition of arbitrability, stating that parties...
Mining Arbitration in Brazil
...[Article 1492] refers, irrespective of the nationality of the parties, of the law applicable to the merits of the arbitration, or of the seat of the arbitration, to an exclusively...
Can the Statutory Grounds for Review of Arbitral Awards Be ...
...for parties to incorporate into their international contracts either expressly or by reference.[2] This clause “incorporates an impracticability standard,” where “an event must be (1) beyond the party’s control, (2)...
COVID-19 and Force Majeure: How Will International Arbitral Tribunals Treat ...
...valid arbitration agreement between the parties and the court is of the view that no agreement exists between the parties. (ii) If the arbitration agreement is null and void, inoperative...
Do Indian Courts have the Power to Grant Anti-Arbitration Injunctions?
...of Arbitration Generally Applicable Law Parties Capacity of Parties Responsibility of Parties Description: Introduction Increasing recourse to international commercial arbitration as a private means of settling disputes has raised many...