...— founded on the principle of party autonomy — that favors arbitration and severely limits judicial intervention in the arbitral process. Nor did the court give due recognition to the...
Search Results for : Party Autonomy
...an organ of the enacting state, clearly has the authority to apply that law. Indeed, the forum court may be required to apply it. Thus, the general proposition that party...
Mandatory Rules In Civil Litigation: Status Of The Doctrine Post-Globalization ...
Authors: Eduardo Palmer* and Eliana Lopez** Published: April 2004 Topics: Commercial Disputes Dispute Resolution and Litigation ADR Enforcement of Arbitral Awards Enforceability Description: I. INTRODUCTION The principle of party autonomy...
The Use of Multi-Tiered Dispute Resolution Clauses in Latin America: ...
...investors from emerging markets to exercise their party autonomy and access more sophisticated legal orders, and it enables them to claim international property rights protection perceived to be stronger than...
Yukos, Investment Round-Tripping, and the Evolving Public/Private Paradigm – Vol. ...
...contractual curtailment, there is no demand on public resources; party autonomy should override quality concerns if parties willingly accept the courts’ limited review role and the enforcement difficulties that will...
Ariadne’s Thread: Assessing Public Policy Limits to Contractually Modifying the ...
...or “Tribunal Overreach”: A Call for Renewed Focus on Party Autonomy in the Time of Arbitral Rules Expansion Hamish Lal and Brendan Casey Colliding Worlds of Money Laundering and International...
Volume 31: Issue 3 (June 2021)
...in section 1.4 of the thesis. The analysis of the law applicable in interstate arbitration is done both at a general level, focusing on party autonomy and possible limitations thereon,...
Comment* – Vol. 12 No. 3-4
...be decided in the context of party autonomy, the lex arbitri and arbitral discretion, in addition to mandatory norms of procedural fairness. This article addresses these issues in four parts....
Standard and Burden of Proof in International Commercial Arbitration: Is ...
Articles Party Autonomy in International Economic Arbitration: A Reappraisal Klaus Peter Berger Recent Developments in Commercial Arbitration in the Republic of Korea: The Revised Rules of the Korean Commercial Arbitration...
Volume 4: Issue 1 (January 1993)
...Neutral Place for International Arbitration Walid John Kassir Arbitral & Judicial Decisions Party Autonomy and Implied Choice in International Commercial Arbitration Paul Michell Recent Books and Articles on Commercial Arbitration...
Volume 14: Issue 4 (December 2004)
...of party autonomy and the language of Section 4 of the Federal Arbitration Act (or “FAA”), and to move closer to the prevailing international view on consolidation. However, the Boeing...
Consolidation of International Arbitrations in the United States in the ...
...arbitration business. To make arbitration more attractive to foreign parties, several countries have, in recent years, amended their arbitration laws, narrowing the grounds for challenging awards and enhancing party autonomy...