...courts enforce agreements to arbitrate and support the autonomy of the arbitral process. Moreover, its courts have adopted a clear policy of deference to awards issued by arbitral tribunals. New...
Search Results for : Party Autonomy
...the manner of judges and decide the legitimacy of their own jurisdiction is a central underpinning of arbitral autonomy. Download Full PDF *Orlando Distinguished Professor of Law, Penn State University....
The Fifth Circuit Applies Stolt-Nielsen – Vol. 24 No. 1
...on a State’s Regulatory Autonomy Involving the Public Interest Stephanie Bijlmakers The More Favorable Regime Within the “Overlapping Coverage” of FAA Chapters One and Two Suyash Paliwal Think Twice Before...
Volume 23: Issue 2 (December 2012)
...of enforcement machinery reflects the tensions in the international system between its new commitment to human values and its traditional commitment to values of State autonomy and impermeability.” The purpose...
International Arbitration: The Human Rights Perspective* – Vol. 4 No. ...
...“of a piece,” revealing a determination on the part of the Court’s majority to enhance the autonomy and effectiveness of arbitration as a dispute resolution mechanism, even at the expense...
The Supreme Court Trilogy and Its Impact on U.S. Arbitration ...
...experiences. Think of Roblox, the global online game platform that gives players autonomy, fuels their creativity, and powers their imagination to create something they like and manifest their artistic and...
Metaverse’s First Arbitration Proceeding
Articles At the Crossroads of Legitimacy and Arbitral Autonomy Thomas E. Carbonneau The Enforcement of Foreign Arbitral Awards in Russia: An Analysis of the Relevant Treaties, Laws, and Cases William...
Volume 16: Issue 2 (March 2007)
...determining the governing law arbitration agreements for matters concerning Hong Kong law. Arbitration Agreement Considered as Part of the Underlying Contract Generally, contractual parties have the autonomy to choose...
Reinforcing the Position on Governing Law of Arbitration Agreement: An ...
...give deference to the parties’ autonomy. The French courts, however, will not enforce agreements asking for greater judicial review than that available under French law. What follows is a brief...
Contractual Modification of Judicial Review of Arbitral Awards: The French ...
...expression of private autonomy, the expansion of which in the jurisprudential sphere will inevitably conflict with the principle of a governmental monopoly on judicial dispute resolution and its corollaries. Download...
A Common Law of Arbitration: Arbitral Awards and Appeals – ...
...of the book. The first Part deals with “Definitions and Sources.” Part II, on the arbitration agreement, also covers the important topic of the autonomy of the arbitration agreement and...
Emmanuel Gaillard & John Savage, Eds., Fouchard Gaillard Goldman On International ...
...In this new “race to the bottom,” states strive to provide the optimum legal advantages to those seeking favorable sites for arbitration by maximizing private autonomy over arbitration proceedings. The...