...framework. Therefore, these ICSID arbitration provisions are silent on the applicable procedural rules, which potentially remains to be determined in light of the available procedural frameworks. Various procedural frameworks...
Search Results for : %22Judicial Assistance in Procedural Matters%22
...person who “resides or is found” within its district. The power of the court to provide judicial assistance could also be abused if the party seeking such assistance did so...
Using 28 U.S.C. § 1782 to Assist a Private International ...
Author: Anna Conley* Published: October 2007 Jurisdiction: United States Topics: Court Decisions Judicial Assistance in Procedural Matters Practice and Procedure Discovery Evidence Description: I. INTRODUCTION Prior to 2004, federal courts...
A New World of Discovery: The Ramifications of Two Recent ...
...a procedural order as an agreement between the parties on procedural issues in the arbitration. THE “FRANKFURT SURPRISE” In February 2011, the Frankfurt Court of Appeals adjudged the Flex-n-Gate v....
Lessons from the Past: Avoiding the Frankfurt Surprise in the ...
...consolidation, or participate as non-parties without any actual procedural rights (e.g., by submitting amicus curiae briefs). In cases where the procedural participation of interveners is expressly agreed upon, there remains...
Third-Party Notices: The Participation of Non-Parties in Arbitral Proceedings Based ...
...to request assistance without the arbitrators’ approval. Also, the unresolved questions about § 1782’s applicability to private arbitration create a risk that if arbitrators prevent assistance under § 1782, enforcement...
A Proposal to Clarify U.S. Law on Judicial Assistance in ...
...the parties, may arrange for administrative assistance by a suitable institution or person.” Thus, both internationally and domestically, party consent is a pre-requisite for availing any administrative assistance. However, in...
Tribunal Secretaries: Aids to Mutually Appointed Arbitrator(s) or Inclusion of ...
...assistance in foreign courts, foreign parties are now denied assistance in American courts. U.S.-style discovery probably stands to shrink under this decision. Ms. Mouawad added that fraud, criminal-type settings, and...
ARIA Report: “Arbitration in Two Worlds: U.S. and Brazilian Perspectives ...
Author: Hans Smit* Published: July 1997 Jurisdiction: United States Topics: Judicial Assistance in Procedural Matters Description: In 1963, Section 1782 of Title 28 of the United States Code, was amended...
American Judicial Assistance to International Arbitral Tribunals – Vol. 8 ...
...power to enforce procedural decisions on the taking of evidence. For the purpose of issuing orders for the production of particular documents, summoning witnesses and similar measures, tribunals and parties...
Judicial Assistance By German Courts in Aid of International Arbitration ...
...fact that the choice of Switzerland as the venue of the arbitration (and, consequently, of Swiss procedural law as the lex arbitri) precluded the application of some procedural rules contained...
International corporate arbitration: when the arbitration clause in a corporation’s ...
...the recognition procedure concludes. The debtor may oppose enforcement on very limited grounds relating to technical procedural matters but may not raise questions related to the merits of the award...