...(“UNCITRAL”) Model Law on International Commercial Arbitration (the “Model Law”) is not a “one-shot remedy.” That is, a failure by a party to utilize its “active remedy” of seeking judicial...
Search Results for : Party Autonomy
...the Contracting party receiving the investment. For the avoidance of doubt, an investor of one Contracting Party must make its investments “in the territory of” the other Contracting Party. This...
Bangladesh’s Regime Change – The India-Bangladesh BIT (2009) and the ...
...they also risk producing decision-making deadlock, particularly in a context of weak institutions, armed legacies, regional autonomy claims and competing external patrons. In this setting, arbitration can function as a...
International Arbitration as a Tool for Peace
...contain an arbitration clause. One party, however, takes the position that he simply never agreed to anything—or, perhaps, that as a matter of local contract law the agreement cannot be...
Everything You Really Need To Know About “Separability” In Seventeen ...
...for dispute resolution in which the disputants are able to exercise tremendous autonomy facilitated by a neutral third party who has no binding authority to settle their dispute. As opposed...
The Enforcement of Mediation Settlement Agreements in China* – Vol. ...
...regime of party autonomy in arbitration. In common-law jurisdictions (which are essentially adversarial) the judge will seek to ensure that the rules of evidence are adhered to, listen to the...
Documentary Discovery and International Commercial Arbitration – Vol. 17 No. ...
...Article XXI is totally self-judging, even when this article expressly stipulates that “[n]othing in this Agreement shall be construed [. . .] to prevent any contracting party from taking any...
Necessity in Investment Arbitration: Boosting the ICSID System’s Legitimacy
...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
...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 ...
...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...
A Comparative Reflection On Challenge Of Arbitral Awards Through The Lens ...
...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...