...is largely considered the primary duty and prerogative of the member states to set up national legal systems. This is referred to as the principle of procedural autonomy. This principle,...
Search Results for : Party Autonomy
...advocate may be well-placed to take the lead in assisting the court. Paragraph J8.7 states: Where a party is represented by more than one advocate at the trial, the advocates...
Championing the Junior Arbitration Advocate: What Can Arbitration Learn ...
...submissions to specific claims (as a disputing or non-disputing party – see, for instance, El Salvador’s non-disputing party submission in Spence International Investments v. Republic of Costa Rica and Switzerland’s...
ISDS in the Era of Mandatory ESG Guidelines: Reforming Existing ...
...taken in the renegotiating process. The party initiating the process had to serve written notice of its proposals on the other party at least sixty days before the new contract...
Fast-Track Arbitration – Vol. 2 No. 2
...unilateral notice of termination by either state-party to the BIT (“Unless a notice of termination is given by either contracting Party …”). [18] Electrabel S.A. v. The Republic of Hungary,...
Treaty Terminating the Intra-EU BITs: a Game-Changer or … Not?
...3(1), Apr. 20, 2004 (“[i]nvestments and returns of investors of each contracting party . . . shall enjoy full protection and security in the territory of the other Contracting Party[.]”),...
Potential Arbitration Proceedings for Investor-State Disputes Arising in the Aftermath ...
...available. A. No Party-Appointed Arbitrators First, the practice of party-appointed arbitrators should be abandoned. This tribute to the rule of symmetry (each party appoints an arbitrator) may and does affect...
Third Generation Arbitration By The European Court Of Arbitration* – ...
...of a party’s representation can have substantial consequences for the party’s case, for the outcome of the arbitral process, and for the parties’ perceptions of the fairness of the process.”...
Will the Recent Amendment to the Japanese Foreign Lawyers Act ...
...a brand-new provision on third-party funding (AR 14) which identifies elements of “third-party” and defines coverage of third-party funding. Second, the increasing applications for security for costs led to the...
TagTime with Meg Kinnear – Tracking the Evolution of the ...
...of law, going against the mandate of §5 of ACA, which specifically limits such judicial intervention. Third, DAMEPL, as the aggrieved party, filed a Special Leave Petition (hereinafter, SLP) in...
The DMRC Case: An Ongoing Walk to Execute Arbitration Award
...(Sep. 7, 2013), https://www.nytimes.com/2013/09/08/world/asia/china-looks-west-as-it-strengthens-regional-ties.html?module=inline/; Huileng Tan, China wrote Belt and Road Initiative into the party constitution. That makes it riskier than ever, CNBC (Oct. 31, 2017), https://www.cnbc.com/2017/10/31/china-wrote-belt-and-road-initiative-into-the-party-constitution.html [4] Supra note...
Forum Shopping: The One Belt One Road Initiative
...in one EU Member State that prevent a party from going before the courts of another Member State are not permissible under Brussels Regulation 44/2001/EC (“2001 Brussels Regulation”), even when...