...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...
...“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...
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...
...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...
...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...
...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...
...through the English court system, with both the High Court and Court of Appeal refusing enforcement. The case ultimately reached the UK Supreme Court, which unanimously upheld the lower courts’...
...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]...
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....
...clause concerned admissibility rather than jurisdiction. The court emphasized that tribunal decisions on admissibility are final and not subject to court review under Article 34 of the UNCITRAL Model Law.[5]...
...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...
...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...
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