...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?October 8, 2020 in Blog by clairesheridan
...individual rights over intellectual properties. COMPULSORY LICENSING The TRIPS agreement does grant some flexibility in the form of compulsory licensing under Article 31.[4] A grant of compulsory licensing allows the... The Connection Between a COVID-19 Vaccine, Compulsory Licensing and Potential ...September 8, 2020 in Blog by Claire Sheridan
...Court in Servotronics that courts are likely to “exercise considerable restraint granting access to requested information only in limited circumstances when the grant is consistent with the tribunal’s receptivity to... Using 28 U.S.C. § 1782 to Assist a Private International ...December 6, 2021 in Blog by ARIA
...that specifically prohibit parties from beginning or continuing arbitration proceedings, thereby restoring them to a position wherein the suit is not infructuous.[12] Unfortunately, Indian courts have granted such injunctions, often... Anti-Arbitration Injunctions: The Endless Tussle for JurisdictionMay 17, 2021 in Blog by clairesheridan
...arbitrators to grant interim relief and reads as follows: “In the arbitration agreement or in another written document predating the institution of the arbitral proceedings, the parties, also by referring... The Recent Amendment of Italy’s Arbitration Law and the Ongoing ...January 18, 2023 in Blog tagged Arbitration Reform by ARIA
...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 IndiaNovember 17, 2021 in Blog by ARIA
Author: Madison Grant Jurisdiction: United States California Topics: Other In the world of international arbitration, it is clear – California is not among the most frequently or widely used seats... Why is California So Behind in International Arbitration and Is ...February 22, 2018 in Blog by ARIA
...an attachment of assets, an urgent measure to stay a shareholders’ meeting, or an order granting injunctive relief to preserve the status quo.[8] At the outset of a dispute, the... Provisional Measures in Aid of Arbitration in BrazilJanuary 9, 2023 in Blog / Uncategorized tagged Brazil / Provisional Measures by ARIA
...& Ved Thakur, Do Indian Courts have the Power to Grant Anti-Arbitration Injunctions? (Blog, October 8, 2020) Vincenzo Vigoriti, International Arbitration in Italy (Vol. 1(1) March 1990) Bette E. Shifman,... Search by TopicMay 10, 2021 by clairesheridan
...usually granted is that of damages, with only a relatively small percentage of the entirety of those awards providing for a remedy of specific performance.” This reluctance can be attributed... Specific Relief in International ArbitrationJanuary 3, 2023 in Blog tagged Specific Performance by ARIA
...it has long been accepted that an arbitral tribunal deciding the parties’ claims is empowered to grant interim measures in connection with those claims. Yet, most of those rules provide... Interim Measures in International Arbitration: The Case for Applying High ...February 14, 2024 in Blog by Yue-Zhen Li
...the Court re-did an analysis of the cancellation clause. The Court concluded that the parties had agreed upon a contingent contract – the contingent event being the grant of Government... The Indian Supreme Court’s Judgment in NAFED v. Alimenta S.A.: ...July 21, 2020 in Blog by Claire Sheridan