...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 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 ...
...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 ...
...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 ...
...award is liable to rejected as discussed herein. Furthermore, Russian courts have the power to order the party in breach of the anti-injunction to pay the sanctioned party an amount...
Arbitration or Sanctions: Who Survives the Battlefield?
...that the law does not otherwise require. At the time, the party had no choice but to invoke Early Dismissal, but under the SIAC Arbitration Rules 2025, a party in...
Preliminary Determination and Early Dismissal in Arbitration: A Distinction Without ...
...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. ...
...the PCA, ICSID, and ICC codifying standards in their Rules, requiring traceability and human oversight of AI-based services. The third option relies on party autonomy, allowing parties to negotiate AI-use...
Artificial Intelligence in International Arbitration: a Rule of Law Perspective
...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)
...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...