...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...
Search Results for : Party Autonomy
...“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 ...
...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 ...
...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. ...
...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)
...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...
The “Manifest Disregard of Law” Doctrine and International Arbitration in ...
...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...
The Post-Achmea EU: Uncertainty in the Face of Change
...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)
...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...