...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’...
Search Results for : Party Autonomy
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 ...
...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?
...the Convention’s repeated use of “the parties” and “a party,” the court concluded that Article 54(2)’s “a party” means a party to the ICSID arbitration and no one else.[10] The...
After Operafund v Spain: Why ICSID Award Trading Will Survive—But ...
...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 ...
...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...
Proposed Guidelines for the Disclosure of Third-Party Funding Arrangements in ...
...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...
Case Comment: Comissa v. PEMEX, 832 F.3d 92 (2d Cir. ...
...review was limited to safeguard the autonomy of arbitral justice. That balance has now shifted. The problem – from an EU perspective – is that CAS awards are reviewed...
Once Upon a Time in RFC Seraing: the EU Frontier ...
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...