...Kirrin Hough, Third Party Funding in International Investor-State Arbitration, ASIL Insights (Nov. 1, 2018) https://www.asil.org/insights/volume/22/issue/16/third-party-funding-international-investor-state-arbitration [18] Id. [19] Rule Amendment Project – Member State & Public Comments on Working Paper...
Search Results for : Party Autonomy
Author: Tom Childs* Published: October 2015 Description: I. INTRODUCTION The issuance of a “final” arbitral award may only mark the midway point in an international commercial dispute. The losing party...
Enforcement of International Arbitral Awards: Should a Party be Allowed ...
...a party to demonstrate that its allegations are more likely true than those presented by the opposing party, establishing a genuine dispute where the winner is the one who provides...
Leniency Agreements and the Standard of Proof in Investor-State Arbitration: ...
...the ICISD Convention in the arbitration agreement, this post will question its automatic application to an arbitration administered by ICISD. This distinction may leave the requesting party, i.e., the claimant,...
A Potentially Vast Procedural Framework for ICSID Arbitration Provisions Silent ...
...or a governmental or public entity is a party.[3] The Arbitration Statute provides substantially identical legal grounds for setting aside an international arbitral award issued in Colombia or refusing the...
Reviewing Colombian Supreme Court Judgments on International Arbitral Awards
...picture is sometimes grudging. The voices of proponents of “a-national” arbitration have not been stilled in the half century since they were first heard. Nonetheless, if a party that has...
Institutional Rules and Arbitral Jurisdiction: When Party Intent is Not ...
...decisive to the outcome of the case. In situations where a party believes the other party has documents helpful to its case, can that party expect discovery or disclosure of...
Disclosure Requests in International Commercial Arbitration: Finding a Balance Not ...
...connection to either. For instance, let us assume a party from the United States and a party from Singapore choose Paris as the arbitral seat and English Law as the...
Determining Arbitrability at the Pre-Award Stage: An Analysis of the ...
...was stated that third-party funders are driven by business concerns and market realities rather than legal concerns. The panelists disagreed, however, on whether the fact that third-party funders are financing...
Columbia Arbitration Day 2020
Author: Renata Brazil-David* Published: December 2011 Description: I. THE GROWING IMPORTANCE OF INTERNATIONAL COMMERCIAL ARBITRATION INVOLVING A STATE PARTY One of the most remarkable developments in international commercial arbitration is...
International Commercial Arbitration Involving a State Party and the Defense ...
...from a recalcitrant party. Even here, it has been noted, the ability of arbitrators to ensure exchanges of information is uncertain, the tribunal’s power of enforcement being quite “limited” in...
Evidence and Discovery in American Arbitration: The Problem of Third ...
...entering into cross-border M&A transactions. Fifth, arbitration affords the parties in cross-border M&A significant autonomy. In contrast with litigation, where judges are appointed by the state, in arbitration parties benefit...