...courts guidance on questions of arbitrability where the agreement in question is facially neutral about party intent, i.e. the parties’ arbitration agreement is unable to be said with certainty as...
Search Results for : Party Autonomy
...own merits determination is truly shocking; especially given the precedents quoted extensively by the Court categorically state that Indian arbitration law does not “enable a party to the said (Enforcement)...
The Indian Supreme Court’s Judgment in NAFED v. Alimenta S.A.: ...
...a multi-party proceedings – to be shaped by arbitral tribunals and courts, which have to interpret and apply the same rules applicable to “ordinary” commercial arbitrations. Italy is an exception...
International corporate arbitration: when the arbitration clause in a corporation’s ...
...highlighting the contractual nature of arbitration and the parties’ freedom to specify “with whom they choose to arbitrate their disputes” and concluded that therefore “a party may not be compelled...
Class Arbitration – When a Silent Arbitration Clause May Still ...
...submit privileged or confidential information to third-party AI tools. This principle echoes a similar rule adopted by a judge on the U.S. Court of International Trade. The rule requires attorneys...
A Closer Look at the New SVAMC Guidelines for AI ...
...be the most preferable venue in cases involving Chinese companies, if a foreign party wants to preserve assets of their opposing party in mainland. [8] Moreover, due to the geographic,...
How Does Hong Kong’s New National Security Law Affect Its ...
...the Law Applicable to Contracts for the International Sale of Goods, for example, states that a Court is not under an obligation to grant specific relief to a party unless...
Specific Relief in International Arbitration
...party to another, as well as the notification of the award under Article 31(4) of the Model Law. The relevant part of Article 3 states: (1) Unless otherwise agreed by...
Receipt of Written Communications in International Commercial Arbitration – Vol. ...
...the FAA create two separate regimes for the confirmation of non-domestic arbitral awards rendered in the U.S. and that, between these two regimes, the prevailing party to the arbitral award...
The More Favorable Regime Within the “Overlapping Coverage” of FAA ...
...the facts in a way that supports their case and contention. As each party argues its case, the story may change. And because parties will often try to base their...
The Taking of Documentary Evidence in International Arbitration* – Vol. ...
...submission of a “request for arbitration” or “notice of arbitration.” One of the principal advantages of international arbitration – party participation in the selection of the decision-maker – precluded the...
Songs of Innocence and Experience: Ten Years of Emergency Arbitration ...
...any party wanting to provide for arbitration, even when neither the party, nor the dispute that is likely to arise, has any relation to the United States. Download Full PDF...