...Procedure: Will the ALI/UNIDROIT Project Succeed? Stephen McAuley The Limitations of Party Autonomy in ICSID Arbitration Anoosha Boralessa Current Developments The Asia Pacific Regional Arbitration Group Michael Pryles Arbitral &...
Search Results for : Party Autonomy
...refer questions to the ECJ under Article 267 of TFEU. As a result, intra-EU arbitration under the ECT, like under BITs, undermines the autonomy of EU law.[14] In summary,...
How Achmea Works Out in the United States: The Enforcement ...
...and party autonomy in the matter of interest, and said in terms that no treaty claim was before it. What the passage supplies is an interpretive premise and an argumentative...
The Supervisory Court as an Organ of the State: MPRDC ...
...rule of law and how they became relevant to arbitration. The third portion deals with issues of party autonomy with respect to the social contract, the primary role of which...
The Role of Tribunals and Courts in Preserving the Rule ...
...Professor Giuditta Cordero-Moss, who discussed along with Professor Franco Ferrari, Rafael F. Alves, Hon. Francesco Cortesi, Ina C. Popova, and Laurence Shore how to reconcile the assumption that party autonomy...
2021 New York Arbitration Week
...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. ...
...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 ...
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 ...
...minimalism premised on respect for arbitral autonomy. III. The Operative Test: Structural Severability However, this clarity begins to blur when the Court articulates the actual test for when judicial modification...
Severability and Slippage: Rethinking Judicial Modification in Gayatri Balasamy
...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
...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...