...“de-nationalized,” “delocalized,” “a-national,” “supranational,” “transnational,” “expatriate” or “floating award” emerged and was then extended from the mere instance of the award, to the whole range of arbitral proceedings. In consequence,... To Continue Nationalizing or to De-Nationalize? That Is Now the ...July 27, 2020 by Claire Sheridan
...construe the general release in the first instance and vacate or modify the award as necessary”.[11] In essence, rather than simply upholding or vacating the award, the court directed the... Manifest Disregard: A Legitimate Ground for Vacating International Awards Rendered ...October 20, 2020 in Blog by clairesheridan
...override that law, applying a rule of forum law in its place. Such action is the usual outcome, for instance, in cases presenting a conflict between foreign lex contractus and... Mandatory Rules In Civil Litigation: Status Of The Doctrine Post-Globalization ...July 23, 2020 by Claire Sheridan
...alternative dispute resolution method used by the parties to resolve their disputes arising from M&A.[1] Arbitration provisions are now considered essential in M&A agreements. For instance, there have been a... Arbitration In Cross-Border Merger & Acquisition Transactions: An Advantage?April 23, 2023 in Blog by Yue-Zhen Li
...it is hoped that relevant stakeholders in India, including arbitral institutions, arbitrators, and practitioners, will work towards addressing this gap, which will help curb instances of parties raising challenges, including... Tribunal Secretaries: Aids to Mutually Appointed Arbitrator(s) or Inclusion of ...March 15, 2024 in Blog by Yue-Zhen Li
...Consider the globalization of capital markets, for instance. Mass claims, however, are a relatively new phenomenon9 in both international public and private dispute resolution. Download Full PDF *Notes and Comments... Collective Redress in International Arbitration: An American Idea, A European ...July 21, 2020 by Claire Sheridan
...not observed in the conduct of the arbitration. In all of the instances, it is typically the public policy of the local forum that is applied. Indeed, Article V(1)(b) makes... Comments on Public Policy in International Arbitration – Vol. 13 ...July 27, 2020 by Claire Sheridan
...seven athletes in the form of a buccal swab confirmed these findings. This case of seven Russian track and field athletes was certainly not the first instance where a CAS... Do Athletes Really Have the Right to a Fair Trial ...July 21, 2020 by Claire Sheridan
...an arbitrator on an application by a party, are not new in the Indian arbitral jurisprudence. There have been extreme instances in which the Supreme Court has interpreted the jurisdiction... Setting the Clock Back: Judicial Interference in the Appointment of ...June 5, 2023 in Blog by Yue-Zhen Li
...sought recognition of the first award in the French courts. The latter ruled, in three instances, in favor of the French respondent. In my judgment, the Cour deCassation should have... Postscript: The Cour de Cassation Decision in Putrabali – Vol. ...July 22, 2020 by Claire Sheridan
...be moved from one jurisdiction to another in an instant, an award creditor must have the ability to enforce a Convention award in multiple States. Some of those States may... Application of the Doctrine of Forum Non Conveniens in Summary Proceedings ...July 8, 2020 by Claire Sheridan
...in the use of the factors outlined in Chloro Controls, the Group of Companies Doctrine has often been misapplied by courts in India. For instance, in both Ameet Lalchand Shah... Amazon v. Future Retail: (Re)Assessing India’s Tryst With the Group ...April 26, 2022 in Blog by ARIA