…party alleging that English court proceedings are brought in breach of an arbitration agreement was therefore not to challenge the court’s jurisdiction but rather to seek a stay of the…
…those circumstances when the parties needed political cover by transferring the dispute to third party decisionmakers. I have difficulty imagining a scenario where this would be appropriate. But I am…
…against it in Poland and that Polish law provided for the invalidity of arbitration agreements to which the insolvent company was party. The Polish company relied on Article 142 of…
…of enforcement or annulment proceedings. A party may find itself in the obligation to produce the award to defend a claim, or to protect its interest or image. These are…
…for the delay or whether the claimant’s behaviour is part of the cause. Where it is neither party’s fault, the relevant circumstances will have to be taken into account. We…
…persons to be joined in the arbitration as a party, provided that such third person or persons and the applicant party have consented to such joinder in writing; · The…
…Article 11(2)) expressly provide that a party (and its lawyers) must not unilaterally communicate with the tribunal members, and that all communications between the parties and the tribunal must go…
…and millions of Dollars cannot any longer be left to the hazards of a party becoming aware by chance, in a press release or by attending a conference, of a…
…he reasoned that the Danish treaty’s grant of across-the-board treaty dispute arbitration is a form of fair and equitable treatment granted to third party investors (para. 22). Since the Renta…
…non-signatory party to guarantee the performance of a party to the principal contract does not have the same effect. In order for the arbitration agreement in the principal contract to…
…of course not satisfactory. A party is either bound by the arbitration agreement or not. In the former case, other parties bound by the arbitration agreement have a right to…
…nature of its interest in the dispute, a more effective legal recourse for the EC arguably would have been intervention, not an amicus submission. However, party autonomy and jurisdictional concerns…
…City State of Hamburg failed to give the CDU the majority, and forced the conservative party into an unprecedented coalition with the Green Party. The Greens made the imposition of…
…to make publicly available on its website the final award, as well as Party submissions.” Having watched a fair bit of the oral hearing, I think there is little doubt…
…request for arbitration and appoints an arbitrator. Party B refuses to do so. Just like in March Rich, Party A goes to the court of the seat to request the…
…fact-finding in investor-State disputes and inter-State disputes, including access to information held by an opposing party and the difficulties in determining facts resulting from large-scale events. Charles H. Brower, II…
…by the unsuccessful party” and gives the arbitrator broad authority to determine and award attorneys’ fees to the prevailing party. Consequently, it was rational for the arbitrator to infer that…
…Castalde Mourre & Partners in Paris. He has served as counsel to party, co-arbitrator, sole arbitrator or expert in more than 80 international arbitral procedures, both ad hoc and before…
…even though Article 178 of the Swiss Private International Law Act required an arbitration clause to be concluded in writing, a third party may be considered as being bound by…
…available to a party confronted with court proceedings commenced in another jurisdiction in breach of an agreement to arbitrate. Now that the possibility of seeking an anti-suit injunction has been…
…provide a mediator if requested. As with party-led mediations the parties will have a free hand to decide, along with the mediator, how they wish the proceedings to be managed…
…contractual limitation, such as a requirement that no arbitrator may have the nationality of any party. In the absence of such a restriction, a party may find it politically impossible…
…jurisdiction, the tribunal lacked jurisdiction to come to a binding decision regarding a party’s standing and was therefore limited to issuing a procedural decision on jurisdiction. The Federal Supreme Court…
…proceedings causing substantial injustice to a party) remains a high bar to establishing that an arbitral award should be set aside. The case is also unusual in that the dissenting…
