...phenomenon of anti-arbitration injunctions, the functional purpose of these injunctions and their effects on disputes between parties, the international conflict on the use of these injunctions (i.e., to interfere or...
Search Results for : "Injunctions"
...grant anti-arbitration injunctions. The authors conclude that the Supreme Court must step in and legislate on the power of courts to grant anti-arbitration injunctions. STATUTORY FRAMEWORK An ‘anti-arbitration injunction’ is...
Do Indian Courts have the Power to Grant Anti-Arbitration Injunctions?
Author: Rodolfo Donatelli* Published: July 2020 Jurisdiction: International Topics: Anti-Suit Injunctions ICSID Third Parties in Arbitral Proceedings Description: The main concern with anti-suit injunctions is that, while nominally directed at...
A Multi-Factor Test for Anti-suit Injunctions in ICSID Arbitration – ...
...jurisdiction to grant anti-arbitration injunctions in arbitrations governed by the Act. It was held that Civil Courts had jurisdiction to grant anti-arbitration injunctions where it was proved that the arbitration...
The Muddy Waters of Anti-Arbitration Injunctions in India
...breach of the arbitration agreement. Anti-suit injunctions may support either international arbitration or court litigation depending on whether they address a breach of an arbitration agreement or of a choice-of-court...
Validity of Arbitration Agreements, Court Referral to Arbitration and FAA ...
Author: Dominique T. Hascher* Published: April 2011 Jurisdiction: International Topics: Anti-Suit Injunctions Description: Anti-suit injunctions were originally common-law remedies used to deal with parallel litigation enjoining one of the parties...
Injunctions in Favor Of and Against Arbitration – Vol. 21 ...
...Indeed Come From Nothing? (Vol. 13(1-4) December 2003) Vincenzo Vigoriti, International Arbitration in Italy (Vol. 1(1) March 1990) Anti-Suit Injunctions Rodolfo Donatelli, A Multi-Factor Test for Anti-suit Injunctions in ICSID...
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Author: Nishanth Kadur* Jurisdictions: Singapore United Kingdom International Topics: Applicable Law Arbitrability Anti-Suit Injunctions Introduction Subject-matter non-arbitrability has routinely hindered the enforcement of arbitration agreements in various jurisdictions. While cases...
Determining Arbitrability at the Pre-Award Stage: An Analysis of the ...
...injunctions and damages awards issued by an arbitral tribunal. It first considers the Regulation’s effect on a court’s damages judgment. It then discusses the enforcement of anti-suit injunctions and damages...
Brussels in a Bind: West Tankers, Gazprom, and Damages for ...
...Anti-Suit Injunctions Agreement to Arbitrate Existence and Validity of Agreement to Arbitrate Stay of Court Proceedings Pending Arbitration Arbitral Awards New York Convention Description: Comity among nations is a notoriously...
Coordination or Chaos: Do the Principles of Comity, Lis Pendens ...
...commercial courts in matters involving a sanctioned Russian entity. These sanctioned parties can also seek anti-suit injunctions against foreign courts or arbitral tribunals, rendering sole jurisdiction to the Russian courts....
Imposition of Economic Sanctions: An Embargo on International Commercial Arbitration?
...You Can Do About Them Edna Sussman Validity of Arbitration Agreements, Court Referral to Arbitration and FAA § 206, Comity, Anti-Suit Injunctions Worldwide and Their Effects in the E.U. Before...