...A party, which owned a site that was to be visited, notified the tribunal about four days before the scheduled visit of its objection to the counterparty being present on...
Search Results for : Party Autonomy
...of the key advantages of arbitration is the freedom of choice and control given to the parties, known as party autonomy. By the arbitration agreement, the parties exercise a certain...
A Case for Diversity in the Seat of Arbitration
...resolved by attaching lesser weight to the expert’s testimony. For example, a Party may appoint an expert as a hired gun, where the expert favors the party appointing him by...
Crystalizing Jurisprudence: Assessing An Arbitral Tribunal’s Competence To Exclude A ...
...may have implications on party autonomy – and it also permits the tribunal to ask the requesting party to provide a guarantee as a condition to granting interim relief (e.g.,...
Provisional Measures in Aid of Arbitration in Brazil
Authors: Maud Piers* and Dirk De Meulemeester** Published: August 2014 Description: I. INTRODUCTION 1. Arbitration is a method of alternative dispute resolution that is based on party autonomy. In other...
A New Arbitration Law for Belgium: UNCITRAL Enters the Scene ...
...of party autonomy, one issue is how arbitrators are self-selected instead of being chosen by the parties. This takes away one of the advantages of arbitration of appointing, with parties’...
Blockchain Arbitration: Promises and Perils
...arbitration clause may restrict access to the third party by filing a request for arbitration. However, both proceedings (arbitration and third-party deference) may be conducted in parallel, without necessarily existing...
The Perils of Intra-Corporate Arbitration for ESG Disputes
...consequences. At the stage of initiation of claims, courts and other tribunals consider the basic principle of party autonomy and the doctrine of separability. It is possible that the main...
Imposition of Economic Sanctions: An Embargo on International Commercial Arbitration?
...conflict between party autonomy, the compétence-compétence principle, judicial intervention and the court’s duty to preserve legitimate claims. Striking a balance between these often-conflicting principles, in essence, can accurately be captured...
Between Scylla and Charybdis: Should Negative Jurisdictional Decisions by the ...
...under FDI arbitration constrain States’ exercise of national sovereignty, particularly their regulatory autonomy to enact regulations and design policies to advance these public interests. FDI arbitration is tainted by incoherencies...
Effects of Foreign Direct Investment Arbitration on a State’s Regulatory ...
...courts or authorities of that Party and any meaning given to domestic law by the Tribunal shall not be binding upon the courts or the authorities of that Party.” [34]...
Lights Out for the Energy Charter Treaty? The ECJ’s Next ...
...objection to this methodology—party autonomy in international arbitration law is supreme. It manifests in the parties’ choice of law to govern the contract, the arbitration process (Lex arbitri, or the...