...abroad to U. S. federal-court judicial assistance.”[24] Additionally, the Court held that “a district court could consider whether the § 1782(a) request conceals an attempt to circumvent foreign proof-gathering restrictions...
Search Results for : %Court Decisions"
...“District Court”) confirmed the award as sought by COMMISA. P.E.P. appealed against the District Court’s order to the United States Court of Appeals for the Second Circuit (hereinafter the “Court...
Case Comment: Comissa v. PEMEX, 832 F.3d 92 (2d Cir. ...
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...
Reviewing Colombian Supreme Court Judgments on International Arbitral Awards
...India. However, many of the high courts did not agree with the view taken by the apex court in this judgment. The Delhi High Court had a similar case in...
Single-Party Arbitrator Nomination as a Ground of Annulment in India
...held that such question is a ‘gateway matter’ to be decided by the courts. The district court in Satcom[37] also held that the court’s statutory power to compel arbitration is...
Anti-Arbitration Injunctions: The Endless Tussle for Jurisdiction
...Is India precluded from raising arguments rejected by the seat court in Switzerland? Furthermore, should the Singapore court accord primacy to the seat court’s decision on the validity of the...
SGCA’s Ruling in Republic of India v. Deutsche Telekom: The ...
...16(3) making negative decisions reviewable by domestic courts.[28] Singapore has modified the Model Law, as implemented in Singapore, to provide court review of both positive and negative rulings on jurisdiction.[29]...
Between Scylla and Charybdis: Should Negative Jurisdictional Decisions by the ...
...Courts at the Threshold of Arbitration (Vol. 28(3) December 2017) Aaron J. Crowell, What did the 2018-2019 Supreme Court Term mean for the Evaluation of Arbitrability? One Case in the...
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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....
The Indian Supreme Court’s Judgment in NAFED v. Alimenta S.A.: ...
...trial-level court ultimately has discretion to grant or deny interim relief. Decisions issued by courts on interim relief must be properly reasoned, stating the factual and legal grounds that the...
Provisional Measures in Aid of Arbitration in Brazil
...are not arbitrable,[2] and under Pakistan law, disputes with prima facie evidence of fraud are not arbitrable and must instead be filed before national courts.[3] A court is usually called...
Determining Arbitrability at the Pre-Award Stage: An Analysis of the ...
...national courts and quasi-judicial tribunals in deciding which set of laws should govern the arbitration agreement. However, it is pertinent to note that neither national courts nor tribunals are obligated...