...the U.K., the legal certainty of which had made London an attractive seat in the first place. While party autonomy, including the autonomy to keep awards confidential, must be respected,...
Search Results for : Party Autonomy
...of party autonomy. Not only is it the creature of party autonomy, in the sense that arbitration can only exist if it is willed by the parties, it is also...
Mandatory Rules and International Arbitration – Vol. 23 No. 1
...primacy of party autonomy is usually regarded as the hallmark of contemporary arbitral legislation. In the past decade, the drive for maximum party autonomy has become the central theme for...
Party Autonomy in International Economic Arbitration: A Reappraisal – Vol. ...
...based preconditions, on account of the two principles of party autonomy and party consent,[5] that led to the inclusion of these contractual preconditions in the first place.[6] Due to these...
Whether Contractual Preconditions to Arbitration should be regarded as ‘Impediments’ ...
...community outside of Germany. Third-Party Notice under German Procedural Law Third-party notice based on the ZPO is a popular tool whenever multiparty contracts are being litigated before German state courts:...
Third-Party Notices: The Participation of Non-Parties in Arbitral Proceedings Based ...
...in most countries. Confidentiality has not been made mandatory under the UNCITRAL Model Law. On the contrary, party autonomy has been given a higher pedestal. Furthermore, the UNCITRAL Arbitration Rules...
Confidentiality in International Commercial Arbitration: Determining Factor for Safeguarding the ...
...and party autonomy, and how arbitration as a system can adapt to preserve its legitimacy. Insulating Contracts Against Tariff Volatility The first line of defence is contract design....
Tariffs, Sanctions and Cross-Border Contracts: International Arbitration Lessons from India
...Section 36(3). The court agrees, but only if the party deposits half the award amount. The party pays, and enforcement is paused. Under Home Care, that same party can now...
Should Losing Parties in India Receive Post-Award Interim Relief
...under Section 91 as “a contract between the Third-Party Funder and a disputing party, an affiliate of that party, or a law firm representing that party, in order to finance...
Arbitration Finance in the Aftermath of a Pandemic: Third-Party Funding ...
Authors: Sakshi Srivastava* Jurisdictions: India Topics: Third-Party Funding Domestic Arbitration Law Third Party Funding In India Third Party funding (hereinafter referred to as TPF) is essentially a new package...
Third Party Funding In Arbitration In India
...agreement? Will party autonomy prevail, or will such autonomy be overridden by agreement to the SIAC Rules? In this regard, the rules expressly provide that the rules and procedures set...
New Year, New Rules: Highlighting 10 Key Features of the ...
...and (ii) a dogmatic privatism that portrays it as the pure expression of party autonomy. By mobilizing the distinction between causality and imputation, and the idea that the normative order...