Party autonomy

17 articles available

Arbitration in Mainland China offers many of the same advantages as arbitration in other jurisdictions, with lower costs and faster resolution. Still, foreign parties rarely choose arbitration in…

Continuing with the trend of previous years, 2024 saw continued development throughout the region. In Australia, we saw an influx of meaningful, pro-arbitration court decisions, in the Pacific…

The Guatemalan Constitutional Court (“Court”) recently ruled that a dispute can be too complex for an arbitral tribunal to decide for the umpteenth time. For context, the Court has jurisdiction to…

On December 20, 2022, Chile’s Supreme Court issued a ruling that has been praised by the arbitral community for its pro-arbitration stance in the face of an apparently pathological arbitration clause…

On 28 May 2021, for the first time in blockchain arbitration history, Mexican courts enforced an arbitral award relying on a blockchain arbitration protocol (“Blockchain Arbitral Award”), as explored…

On 12 October 2021, the Africa Arbitration Academy organized its annual debate themed “Battle of the Titans” as part of its 2021 Flagship Training Programme. The debate was moderated by Dr. Emilia…

It is well-known that confidentiality is a particularly important mechanism for protecting the information and data contained in a process in which disclosure could cause prejudice to the parties…

In a landmark ruling in PASL Wind Solutions Private Limited v. GE Power Conversion,  India’s Supreme Court rejected the argument that the designation of a foreign seat between two Indian parties was…

The Chilean Supreme Court recently issued a decision that, on its face, respects party autonomy in international arbitration. But, it could do more harm than good. On September 14, 2020, the Chilean…