...objection to this methodology—party autonomy in international arbitration law is supreme. It manifests in the parties’ choice of law to govern the contract, the arbitration process (Lex arbitri, or the...
Search Results for : Sources Arbitration Law
...application of mandatory law. Investment treaty arbitrations are typically governed by international law, whether that law takes the form of treaty terms or customary international law as incorporated by the...
Mandatory Rules Of Law And Investment Arbitration – Vol. 18 ...
Author: Martin Kwan* Jurisdiction: Canada United States Topics: Contents of the Arbitration Agreement Enforceability of Arbitration Agreements Existence and Validity of Agreement to Arbitrate Jurisdiction and Powers of the Courts...
Unconscionable Arbitration Agreement: To Strike Down Entirely or to “Blue-Pencil” ...
...Power to Address Corruption Sua Sponte, in International Arbitration and the Rule of Law: Contribution and Conformity, ICCA Congress Series, Volume 19, 225, 249 (Andrea Menaker ed., Kluwer Law Int’l...
Leniency Agreements and the Standard of Proof in Investor-State Arbitration: ...
...Amendments to Japan’s Foreign Lawyers Act Clarify and Broaden the Scope of Party Representation by Foreign Counsel in International Arbitration, Kluwer Arbitration Blog (July 7, 2020), http://arbitrationblog.kluwerarbitration.com/2020/07/07/amendments-to-japans-foreign-lawyers-act-clarify-and-broaden-the-scope-of-party-representation-by-foreign-counsel-in-international-arbitration/. [3]Peter Godwin et...
Will the Recent Amendment to the Japanese Foreign Lawyers Act ...
...provide the applicable law unless the party resisting arbitration specifically challenges the choice-of-law clause. Part IV surveys the choice-of-law practices of U.S. courts in arbitration agreement enforcement proceedings, particularly when...
A Harmonizing Framework for Choice-of-Law Practices in U.S. Judicial Enforcement ...
...this context that arbitration has become more than a technical dispute-resolution mechanism. It has become an instrument of stability. Why Arbitration Fits This Moment Arbitration rests on a deceptively simple...
The Last Court Standing: Arbitration in a World at War ...
...Partner of Triage Law, a Lahore-based commercial and arbitration law firm, and the Founder & President of the Center for International Investment and Commercial Arbitration, Pakistan’s first international arbitration center....
Metaverse’s First Arbitration Proceeding
...international commercial arbitrator. Olivia Fortunato, a professional harpist, attends Cardozo Law and focuses on entertainment law. Tony Reed, former human resources professional, attends Nebraska Law with a focus on employment,...
ARIA Report: AAA Diversity Student ADR Summit – Nov. 12-13, ...
...arbitration clause—is not a contract enforceable in law. Therefore, the arbitration agreement cannot be acted upon even for the limited purpose of appointing an arbitrator. Until the underlying agreement is...
Setting the Clock Back: Judicial Interference in the Appointment of ...
...by consent; it [was] an arbitration under the Arbitration Act through BCICAC. Under these circumstances . . . [the] arbitration under the Arbitration Act through BICAC is more akin to...
A Pathway to Obtaining Discovery in the United States in ...
...Court’s (Final) Judgment in the Delhi Metro Arbitration Saga, The Penn State Law Arbitration Law Review Blog (Brandan Parks ed.) (Dec. 2, 2024), https://sites.psu.edu/arbitrationlawreview/2024/12/02/sovereign-immunity-in-other-words-on-the-indian-supreme-courts-final-judgment-in-the-delhi-metro-arbitration-saga/. [36] Id. [37] Id. [38] Raizada,...