...to a second shot if the first shot has misfired?” I. INTRODUCTION: THE REQUEST FOR ANNULMENT OF AN AWARD VIS-À-VIS THE FINALITY OF INTERNATIONAL ARBITRATION When a party looses a...
Search Results for : Party Autonomy
...in Brazil is for winning party to be reimbursed of all of the costs incurred with arbitration (with the exception of contractual attorney fees). In addition, the losing party may...
Overview of Securities Arbitration in Brazil: Challenges and Developments
...but that party then failed to pay the attorney fees of its counsel. When counsel sued their client, the prevailing arbitration party, in a state court for the fees, the...
A Kiss for Arbitration Costs Allocation – Vol. 23 No. ...
...Most Favored Nation These clauses guarantee that the respective state parties to a treaty treat one another no less favorably than any other state party they have entered into a...
India’s ban on Chinese apps: Could India face the fire ...
...result. Because the right result is not always so clear – for example, one party’s case may be stronger on the letter of the contract while the other party’s case...
Thoughts on Arbitrator Selection: Why My Father Was (Usually) A ...
...the party possessing it. (b) A party invoking the confidentiality of any information it wishes or is required to submit in the arbitration, including to an expert appointed by the...
Disclosure of Trade Secrets and Other Confidential Information Article 52 ...
...discrimination by one Party against investors of another Party, favoritism and protectionism for a Party’s own products or industries, environmental issues, and job flight. The United States-Canada Free Trade Agreement...
North American Free Trade Agreement: Dispute Resolution Procedures* – Vol. ...
...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 ...
...“transnational issue estoppel” prevents a party from re-litigating an issue that a foreign court has finally decided. The limbs for establishing transnational issue estoppel are: a final and conclusive decision...
SGCA’s Ruling in Republic of India v. Deutsche Telekom: The ...
...notes set out certain restrictions, including the bar on secretaries from engaging in any unilateral contact with any party or with any party’s representative concerning the arbitration/ parties’ dispute.[11] It...
Tribunal Secretaries: Aids to Mutually Appointed Arbitrator(s) or Inclusion of ...
...Western party. If the Western party is awarded damages in the arbitration and seeks to have that award recognized and enforced by a Russian court against assets of the Russian...
The Scope of the Public Policy Exception to the Recognition ...
...concerning its interpretation and application.[1] Specifically, the court held that the BIT’s dispute resolution provision had an adverse effect on the autonomy of EU law and that articles 267 and...