...reasons desirable. This section provides the framework and context of theoretical uphill challenges affecting calls for third-party rights and liabilities in arbitration as a result of the classical privity of...
Search Results for : Party Autonomy
...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...
Disarming the Italian Torpedo: The 2006 Italian Arbitration Law Reforms ...
...in the United States” through its long-term agreements with a consulting firm based in Virginia that led to the establishment of Devas and the party’s agreement being carried out. On...
Devas-Antrix Saga: A New Hope – Amici Curiae Brief
...can be divided into two stages: Recognition Stage (Secs. 47 and 48): A party seeking to enforce a foreign award has to furnish evidence of the arbitration proceedings, viz. original...
To Do or Not To Do: The Financial Disclosure of ...
Author: Raúl Zeyi Huang* Jurisdiction: Canada United States Mexico Topics: Bankruptcy of a Party NAFTA USMCA [The opinions expressed herein are the author’s alone, and do not represent those...
Unsecured Creditors: How the Westmoreland Arbitrations Have Undermined Type G ...
...party did not cooperate in selecting the arbitral panel, the other had to resort to the courts to obtain specific performance of the arbitration agreement. Controversy arose over which country’s...
The Scope of the Separability of the Arbitration Agreement under ...
...party to the Agreement, they did not have knowledge of its existence when they were assigned the Trademarks, and that they were not bound by it.[9] The respondents applied for...
Which Law Applies When Determining Whether a Non-Signatory is Bound ...
...law was changed by statute, agreements to submit disputes to arbitration were not enforced by the courts. If a party refused to proceed to arbitration, the courts would not compel...
Elements of International Arbitration in the United States – Vol. ...
...an adoption of article 34 of the UNCITRAL Model Law on International Commercial Arbitration.[11] The relevant rule states that an arbitral award may be set aside if the party making...
Lessons from the Past: Avoiding the Frankfurt Surprise in the ...
...the parties, it is unlikely that contractors would agree to a choice-of-forum clause in a contract, for each party might be reluctant to accept a choice of the other party’s...
International Arbitration in Australia – Vol. 1 No. 1
...unveiled revised Nationally Determined Contributions (NDCs), which opened many opportunities for foreign firms seeking to invest in hydropower, energy efficiency, and methane reduction industries. UZBEKISTAN Uzbekistan is a party to...
ВITs in Central Asia: Opportunities and Risks
...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...