...concept of consent is central to arbitration, convenience must be weighed against preservation of party autonomy. Download Full PDF *Notes and Comments **J.D. Candidate, Columbia University School of Law, 1995....
Search Results for : Party Autonomy
...Law on International Commercial Arbitration. In addition, the proposed revisions make arbitration easier for private parties by encouraging party autonomy and minimizing judicial interference. Most practitioners have received the proposed...
Chinese Ministry of Justice Proposes Amendments to its Arbitration Law
...be materialized in a prima facie decision regarding the athlete party’s permission to take part in sports events. The consequences of inadmissibility of the appeal on the ground of not...
Proposals to Amend the Code of the Court of Arbitration ...
...an arbitrator on an application by a party, are not new in the Indian arbitral jurisprudence. There have been extreme instances in which the Supreme Court has interpreted the jurisdiction...
Setting the Clock Back: Judicial Interference in the Appointment of ...
...to impose countermeasures against states that restrict Chinese entities’ immunity abroad. This provision reflects China’s strategic autonomy while aligning with international law’s emphasis on mutual respect among sovereign states. The...
China’s Procedural Innovations in State Immunity: A Comprehensive Analysis of ...
...TPF involves an extraneous party, with no prior interest in the lawsuit, who offers financial support to a party initiating, continuing, or completing litigation. In return, the third-party financer receives...
Third-Party Funding in the United States: A Systematic Judicial Analysis ...
...clause of the 1991 Netherlands-Slovakia Bilateral Investment Treaty is incompatible with EU law due to the adverse effect it poses on the autonomy of EU law.[3] Given that there are...
The Invalidity of Intra-EU Bilateral Investment Treaties after Slovakia v. ...
...be chosen and each party may desire that one member of the tribunal be familiar with its own law and customs. Party-appointed arbitrators also may be expected to play a...
Living with the Party-Appointed Arbitrator: Judicial Confusion, Ethical Codes and ...
...be particularly relevant: the extent to which party autonomy is protected; controls on quality and qualifications of those appointed; the efficiency and speed of appointment; the extent to which problems...
Composition and Establishment of the Tribunal Articles 14 to 36 ...
...Justifications for the Supreme Court’s Decision in Hall Street Associates Mark Beckett Protecting Both the FAA and Party Autonomy: The Hall Street Decision David W. Rivkin and Eric P. Tuchmann...
Volume 17: Issue 4 (December 2008)
...contended that party-agreed expanded judicial review is consistent with the procedural flexibility and party autonomy that are hallmarks of arbitration. The opposing camp warned that allowing partydefined standards of review...
Beyond Agnosticism: The Policy Justifications for the Supreme Court’s Decision ...
...in the contract. Party autonomy prevails under the CISG. Case Law and Practical Examples Government contract cases under the CISG are less common than private ones, but those reported...