...stated that account should be taken of “whether there was an acceptable reason for the publishing, to what extent the other party has been caused damage by this and, should...
Search Results for : Party Autonomy
...involved when dealing with sensitive information: First, procedural safeguards are necessary to provide private business with adequate protection for their proprietary business information when a disputing party deems it necessary...
The Treatment of Confidential Information in WTO Dispute Settlement Proceedings ...
...a party not having had the chance to present its case fully.”[16] Though arbitrators can decide to conduct arbitration proceedings in a manner they deem fit, ideally, decisions on virtual...
Technology and Arbitration: The Age of Confidentiality Concerns and Due ...
...not just embody the intention to arbitrate. In addition, the impugned provisions reflected ‘the intention to prohibit either party from advancing claims valued at less than US$14,500’.[8] It was therefore...
Unconscionable Arbitration Agreement: To Strike Down Entirely or to “Blue-Pencil” ...
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. ...
...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...
Advocacy in Mediation – Vol. 5 No. 1-4
...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...