...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...
Search Results for : Party Autonomy
...the third-party funders and what is the nature of the third-party funding? Though this article will indeed address these questions soon, it may first be interesting to consider the concerns...
Third-Party Funding – In Search of a Definition – Vol. ...
Author: Joaquin Garino* Jurisdiction: International Topics: Investment Disputes Costs and Damages Third-Party Funding I. INTRODUCTION With the Unionmatex v. Turkmenistan award,[1] there are now three investor-state tribunals that ordered a...
Restating the Exceptional Circumstances that Warrant an Order for Security ...
...used in arbitration … save with the consent of the other party or pursuant to an order or leave of the court.” A similar approach has been adopted by English...
Confidentiality Concerns in Arbitration Disputes: Implementation of Confidentiality in Courts ...
...an order compelling a party to post security for costs, or any other form of interim measure. For mandatory or prohibitive injunctions, the debate about the appropriate standards centers on...
Interim Measures in International Arbitration: The Case for Applying High ...
...by recent judicial decisions in England. Notable among the features of the new Act is the primacy it grants to the autonomy of the parties to an arbitration. The Act...
Reform and Consolidation of English Arbitration Law – Vol. 8 ...
...when the tribunal rules that the claimant is the successful party and awards damages, it disregards the presence of third-party. It is assumed that the successful party itself has paid...
TagTime with Funke Adekoya SAN – Damages and Costs: Can ...
...to grant relief to a party when arbitration proceedings have no longer become convenient for such a party, but rather to assess and inquire into why such a party has...
Anti-Arbitration Injunctions: The Endless Tussle for Jurisdiction
...preserve a party’s interests. These disputes can be lengthy and expose the parties to post-deal risks longer than they may have intended. Protracted legal disputes in and outside a court...
How to Limit the Risk of Overlong Post-M&A Arbitrations & ...
...with the assistance of a third party, as opposed to arbitration, where an arbitrator is selected to resolve the parties’ dispute—in government procurement contracts. Furthermore, the Guidelines seek to restrict...
The Way Forward: An Analysis of India’s New Guidelines for ...
...ensure its consistency, its full effect and its autonomy as well as, ultimately, the particular nature of the law established by the [EU] Treaties.”[5] By contrast, the CJEU assigned little...
The Unresolved EU Law Question: Reorganizing the Current Status of ...
...to termination and recission. In some jurisdictions, to terminate a contract for breach by the other party, the terminating party must have “clean hands” (as in, acting in good faith)....