...attractive one from the perspective of both arbitrators and parties to an arbitration. Very often the place of arbitration is selected for reasons of convenience or neutrality, with neither party...
Search Results for : Party Autonomy
...a party has consented to arbitration despite its lack of signature on the relevant arbitration agreement and its consent to arbitrate not otherwise recorded in a manner which is capable...
Game, Set, and Match: Enforcement of Arbitral Awards Against Non-Signatory ...
...State are a party reveals several agreements that frustrate the ICJ’s exercise of jurisdiction in this case. The two most prominent agreements are the 1981 Algiers Accords, which established the...
Other Pacific Means of Resolving Iran’s ICJ Certain Iranian Assets ...
...resolving international commercial disputes. This purpose would be severely undermined if the losing party in an international arbitration could easily litigate the merits of the arbitral proceeding. As one U.S....
Circumvention of New York Convention Requirements Through Application of Domestic ...
...a party to this contract). The product will be sold in the world market by one of the U.S. parties to the distribution contract, with a profit-sharing arrangement for the...
Planning for Commercial Dispute Resolution In Mainland China – Vol. 16 ...
...the parties. It is designed to motivate each party to negotiate in good faith and genuinely attempt to compromise in order to create a final offer that an arbitrator will...
Final Offer Arbitration: A Model for Dispute Resolution in Domestic ...
...and principles of international law. Second is the decision that an award of compound interest is justified when calculating the payment due a party whose property has been expropriated without...
The Santa Elena Case: Two Steps Forward, Three Steps Back ...
...Arab and developing countries, is currently aware of the vital role and advantages of arbitration in settling international commercial disputes. Tunisia is a party to major international, regional and bilateral...
The Tunisian Law on International Arbitration – Vol. 4 No. ...
...parts. First, I criticize the existing approaches for not optimally serving what I identify to be the four policies which a rule determining LGAA should serve: (1) vindicating party intent,...
Resolving the Difficulties of Determining What Law Governs the Validity ...
...and thereby converted into something of value, or it is refused enforcement and the winning party’s damages (and costs and time and trouble) go uncompensated. Thus, it is not enough...
The Enforcement of Foreign Arbitral Awards in Russia: An Analysis ...
...circumstances (Article 62). Moreover, the VCLT does not provide for any unilateral suspension or modification owing to conflicts, political tensions and aggression of one party. The VLCT does not provide...
The ‘Abeyance’ of the Indus Water Treaty: A strategic interpretative ...
...an award challenged on the grounds that the arbitrator had, against one party’s request, conducted the arbitral proceeding without an evidentiary hearing.1 In addition, extrinsic evidence submitted had been rejected...