Author: Luis Ramón Garcés-Díaz* Jurisdiction: Colombia Topics: New York Convention Court Decisions Enforcement of Arbitral Awards INTRODUCTION In recent years, the Colombian Supreme Court of Justice, Civil Cassation Chamber (the...
Author: Sathvik Chandrashekar* Jurisdiction: India Topics: Enforcement of Arbitral Awards Grounds for Refusal of Enforcement Court Decisions Much has been written about the Indian Supreme Court’s judgment in NAFED v....
AAA Ad Hoc ADR Advocacy Agreement to Arbitrate Anti-Suit Injunctions Appeal to Arbitral Tribunal and Annulment Applicable Conflict-of-Laws System Applicable Law Apportioning of Costs Arbitrability Arbitral Adjudication Arbitral Awards Arbitral...
...limits, though the issue might have been better resolved on arbitrability grounds (as in Achmea, Ingmar, Unamar, and national court decisions). RFC Seraing creates serious risks. Could parties now...
Author: Aaron J. Crowell Jurisdiction: United States Topics: Arbitrability Court Decisions Jurisdiction and Powers of the Courts in Matters of Arbitration Generally This January the Supreme Court decided Henry Schein...
...reasons requirement has rarely been analyzed in the arbitral realm and the elements of reasoning in court decisions should not be adopted wholesale into the arbitral context. There exist various...
...enactment of the Mediation Act of 2023, recent court decisions involving challenges to arbitration awards, as well as other challenges posed by the government’s own experiences, the Guidelines apply to...
...decision of April 21, 2016, the CCJA held that the OHADA treaty and the Uniform Acts do not have retroactive effect on final court decisions, making them enforceable before their...
...state legislations and observing the court decisions, it can be firmly ascertained “whether the principle of confidentiality is a right of parties or not?’ “RULE OF CONFIDENTIALITY”: A RIGHT...
...increasing the substantive reference to domestic court decisions, there is an increasing trend to keep not only the reasoning confidential, but the amount awarded as well. However, for all parties...
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...
Author: Mohit Mishra*, Bhavik Kaushik* Jurisdiction: India Topics: Agreement to Arbitrate Defects and Invalidity Court Decisions Introduction “It is high time that arbitration clauses are phrased with precision and...
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