...you will not settle at your target number is to make a big jump to it, early on in the process; — with no preparation of the party to acquit...
Search Results for : Party Autonomy
...speed, lower costs, and enforcement. There are a number of factors, however, that complicate a party’s ability to obtain meaningful interim relief in international arbitration proceedings. Among these are the...
Interim Relief Under International Arbitration Rules and Guidelines: A Comparative ...
...provide the applicable law unless the party resisting arbitration specifically challenges the choice-of-law clause. Part IV surveys the choice-of-law practices of U.S. courts in arbitration agreement enforcement proceedings, particularly when...
A Harmonizing Framework for Choice-of-Law Practices in U.S. Judicial Enforcement ...
...of Sub-Section 1 of Section IV (the “CSR Clause”), stipulates that “[e]ach Party agrees to promote responsible business practices[.]”[20] Applying Article 31 of the Vienna Convention on the Law of...
The EU-China Comprehensive Agreement on Investments – Promoting Sustainable Business ...
...when the author of the acts threatening the foreign investment is a private party (such as an insurgent group) or a state organ. If the adverse effects stem from a...
Full Protection and Security Standard: A Loophole in Diplomatic Protection ...
...a “reasoned” award. Also causing them astonishment is the elimination of the party-appointed arbitrator acting as that party’s representative to which they are accustomed, because of the adoption from European...
International Commercial Arbitration: Two Cultures in a State Of Courtship ...
...a sovereign state, as a party to the arbitral proceeding, from starting or continuing any other judicial or administrative proceeding that encroaches on, and sometimes tangentially touches upon, the subject...
A Multi-Factor Test for Anti-suit Injunctions in ICSID Arbitration – ...
Author: Ilias Bantekas* Published: May 2018 Jurisdiction: International Topics: Categories of Disputes Commercial Disputes Dispute Resolution and Litigation Mediation Parties Bankruptcy of a Party States as Parties Equality of Parties...
A Human Rights-Based Arbitral Tribunal for Sovereign Debt – Vol. ...
...mean a priori and per se that it is not a party to it or to the arbitration clause contained therein. Indeed, in most legal systems, the conduct of an...
The Issue of Non-Signatory States – Vol. 23 No. 3-4
...for appeals on a point of law on an opt-out basis. Section 69(1) of the Act provides that “[u]nless otherwise agreed by the parties, a party to arbitral proceedings may...
The Recent Amendment of Italy’s Arbitration Law and the Ongoing ...
...be skeptical of any mediator from the country of another party. Mediation rules occasionally include a default mediator selection process designed for parties from different countries. The mediator from a...
Mining Mediation Rules for Representation Opportunities and Obstacles – Vol. ...
...Japan is currently a party to 25 investment treaties, consisting of 15 BITs and ten EPAs containing investment chapters. These 25 treaties can be categorized into three groups. The first...