Autonomy of the Arbitration Agreement: Danger of Broad Interpretation
ABSTRACT:
The autonomy of the arbitration agreement is recognized as a fundamental principle of international commercial arbitration. Initially, the concept of autonomy was elaborated to reinforce an ...
page 3 - 15
read moreAutonomy in B2C Arbitration: Is the European Model of Consumer Protection Really Adequate?
ABSTRACT:
Consumer protection has become a legal phenomenon to reckon with on a global scale, with repercussions for, among others, contracts concluded between consumers and business entities – i.e., B2C ...
page 17 - 41
read moreEffective Use of Demonstrative Exhibits in International Arbitration
ABSTRACT:
This article discusses the use of visual aids, known as “demonstrative exhibits,” in international arbitration proceedings. This term refers to graphical representations and other illustrative ...
page 43 - 59
read moreRestrictive Absolutes: Using Party Autonomy to Reconcile Absolute Immunity with the Liberal Standard for Restrictive Immunity Adopted by the Swedish Supreme Court in the Sedelmayer Decision
ABSTRACT:
In the Sedelmayer case, the Swedish Supreme Court affirmed its unequivocal endorsement of restrictive immunity in enforcement proceedings against sovereign states. Although the Swedish Supreme ...
page 61 - 80
read moreWaiver of Annulment Action in Arbitration: Progressive Development Globally, Realities in and Perspectives for the Russian Federation (Different Beds - Similar Dreams?)
ABSTRACT:
The article is devoted to a discussion of waivers of annulment – an “extreme” form of party autonomy in international arbitration, allowing parties to oust the review of the award made in ...
page 81 - 105
read moreChanging Aspects of Unsigned Arbitration Agreement
ABSTRACT:
Although the prevailing approach has been to prohibit extensive interpretation of arbitration agreements, increasingly, proceedings before arbitration courts involve persons who did not conclude an ...
page 107 - 132
read moreThe Applicability of Party Autonomy in the Appointment of Arbitrators
ABSTRACT:
The concept of party autonomy in arbitration is frequently referred to in the context of the choice of the substantive law or of the applicable rules. While the relationship between parties and ...
page 133 - 147
read moreLiability and Independence of the Arbitrator
ABSTRACT:
This article describes the potential sources of the arbitrator’s liability as seen from different perspectives – civil and criminal liability, liability derived from jurisdictional theory, ...
page 149 - 169
read moreThe Autonomy of Arbitrators in Determining the Law Applicable to the Merits of a Case
ABSTRACT:
This article deals with the legal and practical aspects of arbitrator autonomy in determining the law applicable to the merits of a case. It is based on Bulgarian legislation and practice as ...
page 171 - 190
read moreLaw Applicable to the Merits of the Dispute Submitted to Arbitration in the Absence of the Choice of Law by the Parties (Remarks on Polish Law)
ABSTRACT:
The object of this study is an analysis of the present tendencies of the requirements imposed on arbitration tribunals in Poland with respect to the law applicable to the substance of the dispute in ...
page 191 - 210
read moreLiability of Arbitrators - Judicial Immunity versus Contractual Liability
ABSTRACT:
The issue of the liability of arbitrators plays out between the conflicting priorities of contractual liability and judicial privilege. Arbitrators take on the double role of service providers hired ...
page 211 - 230
read moreParty Autonomy under the 2012 ICC Arbitration Rules
ABSTRACT:
Since the revision of the 1998 ICC Arbitration Rules and the entering into force of the 2012 ICC Arbitration Rules on January 1, 2012, ICC arbitration has changed. The contribution highlights ...
page 231 - 251
read moreAutonomy of Arbitrators - Decision-making on the Basis of Ex Aequo et Bono
ABSTRACT:
Arbitration offers possibilities which are impossible in standard litigation. Traditionally, arbitration has been connected to a more flexible decision-making process; the parties have the ...
page 253 - 275
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