...party, should disclose the existence of that third-party funding arrangement. At the very least, Professor Catherine Rogers, a leading commentator on third-party arbitration funding, commented in 2014 that “[w]hatever else...
Search Results for : Party Autonomy
Author: Mark B. Rees** Published: December 1997 Jurisdiction: United States Topics: Contractual Expansion or Limitation of Judicial Review Description: The Court of Appeals for the Second Circuit, in Halligan v....
Halligan v. Piper Jaffray: The Collision between Arbitral Autonomy and ...
Author: Thomas E. Carbonneau* Published: March 2007 Jurisdiction: United States Topics: Responsibility of Arbitrators Recourse Against Award Generally Description: I. INTRODUCTION The consensus among like-minded national legal systems regarding standards...
At the Crossroads of Legitimacy and Arbitral Autonomy – Vol. ...
...if the challenging party successfully proves any of the following grounds: a party to the arbitration agreement was under some incapacity; the arbitration agreement is not valid under the law...
The Brazil-Nigeria Samba: From Partners in Business to Parties in ...
...Hanotiau Party Autonomy in Chinese International Arbitration: A Comment on Recent Developments Sam Blay Arbitral & Judicial Decisions Is Manifest Disregard of the Law or the Evidence or Both a...
Volume 8: Issue 3–4 (December 1997)
...Retail.[13] From a theoretical perspective, the Group of Companies doctrine’s encroachment on the principle of party autonomy is justified by the application of the doctrine only where there exists a...
Amazon v. Future Retail: (Re)Assessing India’s Tryst With the Group ...
...mechanism for dispute resolution and has become increasingly popular in the Brazilian mining industry. With its specialized expertise, confidentiality safeguards, cross-border enforceability, and the empowerment of party autonomy, arbitration can...
Mining Arbitration in Brazil
...of the Contracting Party, party to the dispute, including its rules on the conflict of laws, the law governing the authorization or agreement and such rules of international law as...
Empirics-Based Umbrella Clause Interpretation
...exclusion of third-party funding is notable considering the recent third-party funding secured by an investor in a dispute arising from the 1999 India- Australia BIT. The prohibition of third-party funding...
India–UAE Bilateral Investment Treaty 2024: Breaking New Ground or Following ...
...of the courts to party autonomy (Part II), and the approach of the courts to arbitration (Part III). It then turns to a consideration of the arbitrator’s dilemma (Part IV)...
A Choice of Public Law? Resolving the International Arbitration’s Dilemma ...
...the interpretation of EU law, ensuring its full effectiveness. More specifically, founded on the standard jurisprudence of the CJEU, commercial arbitration is a mechanism solely based on private autonomy. Thus,...
Unpacking the New Greek Law on International Commercial Arbitration
...that “[t]he parties shall be treated with equality and each party shall be given a full opportunity of presenting his case.”[12] If a party “was otherwise unable to present his...