...to reduce their liabilities and damages. Both common and civil law jurisdictions have mechanisms in place regarding the avoidance of a contract. A. Common Law versus Civil Law Remedies In...
Search Results for : "Remedies"
...have jurisdiction for violations that occur at sea. However, a common requirement to access them is the exhaustion of local remedies or compelling proof that following domestic judicial procedures would...
TagTime with Dr. Yas Banifatemi – Arbitration as a means ...
...States agree to remove […] from the system of judicial remedies which the second subparagraph of Article 19(1) TEU requires them to establish in the fields covered by EU law”....
Lights Out for the Energy Charter Treaty? The ECJ’s Next ...
...disputes do arise and self-help remedies are non-viable, parties want to rely on an efficient and effective dispute resolution system. Unfortunately, the divergent nature of procedural law in the different...
Achieving the Harmonization of Transnational Civil Procedure: Will the ALI/UNIDROIT ...
...reveals that there is controversy among the Iranian courts over the legal remedies of unreasoned arbitral awards. Concluding Remarks The current position on reasons requirements of arbitral awards under...
Reasoned Arbitral Awards: An Iranian Perspective
...mediation, methods for resolving disputes, and representing clients in mediations. In addition to teaching courses on dispute resolution, he teaches domestic and international sales, international business and trade, and remedies....
Mining Mediation Rules for Representation Opportunities and Obstacles – Vol. ...
...grant anti-arbitration injunctions. Section 9 empowers the court to grant interim remedies to parties before or during the arbitral proceedings. Similarly, Section 45 of the Act provides certain powers to...
Do Indian Courts have the Power to Grant Anti-Arbitration Injunctions?
...provisional “award“, as reflected in the body of the provision); and the second one to amend the reference to interim “relief” in section 39(1) to read “remedies“.[41] The first proposed...
The Recent Amendment of Italy’s Arbitration Law and the Ongoing ...
...the inability to regulate or ensure adequate legal remedies for citizens as mandated by Constitutional or IHRL obligations often dissuades states from entering into IIAs that feature ISDS mechanisms. This...
Systemic Integration: Resolving the Dichotomy of Competing Obligations in International ...
...of remedies, United States federal courts display not only protectionist tendencies, but a bit of ideological schizophrenia as well. Download Full PDF *Arbitral & Judicial Decisions **Partner, Wise & Shepard...
From the Bremen to Mitsubishi (and Beyond): International Arbitration Adrift ...
...in spite of the international public’s heightened awareness of, and concern about, such abuses, and in spite of the development of formal legal remedies for human rights violations. While regional...
International Arbitration: The Human Rights Perspective* – Vol. 4 No. ...
...to arbitrators the power to adjudicate it and thus authorize the arbitrators to award appropriate remedies. An award of compensatory damages is, of course, the ordinary remedy in international commercial...