...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...
Search Results for : Party Autonomy
...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 ...
...successes. The standard explanation is treaty non-membership – the DPRK is party to neither the New York Convention nor ICSID -plus the absence of attachable assets. A recent article in...
The Sanctions Wall: What Remains of an Arbitral Award Against—or ...
...“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 ...
...X. Each party has two witnesses and two experts: one of Claimant’s experts and all fact witnesses are based in State X; the other three experts are in New York;...
Columbia Arbitration Day 2021 — Confidentiality, Transparency, and In-Person Hearings: ...
...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 ...
...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
...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 – ...
...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,...