...Society v. Shashi Bala set aside an arbitrator’s order directing a party to deposit recurring monetary amounts under Section 17 of India’s Arbitration and Conciliation Act, 1996 (“Act”), during the...
Search Results for : Party Autonomy
...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 ...
...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 ...
...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 ...
...may concern business secrets relating to a (new) technology. If a party also needs to protect information from becoming available to the opposing party in the arbitration, the parties need...
Tech Disputes – A view from above: How to deal ...
...concurrently and several hearings were held together. Thus, as evident from the above discussion, in most cases, the only real pre-requisite for conducting coordinated proceedings is party consent. Potential...
Coordinated Proceedings: A logistical boon to save costs while maintaining ...
...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
...in its territory of an investment of an investor. If either Party considers that the other Party has offered such an encouragement, it may request consultations.”[9] Therefore, it is evident...
Bridging the Gap Between Investment Arbitrations and Environmental Concerns: Can ...
...South Africa.1 The outcome of arbitration proceedings often consists of an award being rendered outside of Brazil against a Brazilian party. In these cases, if the award is to become...