...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...
Search Results for : Party Autonomy
...if it had been able to accommodate the modern concepts of party autonomy of procedure in the sense of Modern Law, or of the power of a tribunal to order...
Seated but Unsettled: Which Law Governs an International Arbitration Seated ...
...& Comments International Multi-Party Arbitration: The Role of Party Autonomy Christopher Stippl Jurisdiction At Bay? The Validity of Foreign Arbitration Clauses in Maritime Bills of Lading under Section 3(8) of...
Volume 7: Issue 1 (January 1996)
...the respect for far-reaching party autonomy and a minimum of judicial intervention. While these principles are widely recognized today, at the time when the first German arbitration law entered into...
Arbitration in Germany* – Vol. 25 No. 2
...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 ...
...the nonneutral’s role? If we must live with him or her, can practical rules of conduct for the nonneutral party-appointed arbitrator be clarified? 1. NEUTRAL AND NONNEUTRAL PARTY-APPOINTED ARBITRATORS Party-appointed...
Improving Life with the Party-Approinted Arbitrator: Clearer Conduct Guidelines for ...
...communications or exchange of documents between either of them or with a third party such as an expert). These two affect almost everyone in a legal proceeding. Further privileges are...
TagTime with Samaa Haridi – Legal Privilege in International Commercial ...
...not the Government, as the contracting party. The inclusion of an assignment clause permitting the Trust to assign rights to the Government indicated the Government was not already a party....
Issues Relating to Non-Signatories in International Arbitration: A Comparative Analysis ...
...one party is absent.[14] Such rules seek to balance the risks of prejudice to either party, protecting the participant by ensuring that proceedings will continue while protecting the absentee by...
TagTime with Judith Levine – Arbitration in Absentia: How to ...
...available with the party applying for reference to arbitration under sub-section (1), and the said agreement or certified copy is retained by the other party to that agreement, then, the...
Why So Serious? – The Avitel Case – India, Serious ...
...which are mandatory in nature, i.e. which the parties cannot derogate from, hence which do not leave room for party autonomy, whatever their source or their name may be. This...
Mandatory Rules Of Law In International Arbitration: What Are Mandatory ...
...have no application in international arbitration, because their application is inconsistent with the doctrine of party autonomy and the right of the parties to select the procedural and substantive rules...