...grant anti-arbitration injunctions. The authors conclude that the Supreme Court must step in and legislate on the power of courts to grant anti-arbitration injunctions. STATUTORY FRAMEWORK An ‘anti-arbitration injunction’ is...
Authors: Grant Hanessian & E. Alexandra Dosman* Published: October 2016 Description: Until relatively recently, parties to international arbitration agreements had no recourse to arbitration to preserve the status quo, conserve...
...individual rights over intellectual properties. COMPULSORY LICENSING The TRIPS agreement does grant some flexibility in the form of compulsory licensing under Article 31.[4] A grant of compulsory licensing allows the...
Published: November 2017 Description: New York, January 25, 2018 – The International Arbitration Club of New York (IACNY) announced that Grant Hanessian and E. Alexandra Dosman are the recipients of...
Articles Trans-Pacific Partnership: Continuity and Breakthroughs in U.S. Investment Treaty Practice Charles H. Brower II Songs of Innocence and Experience: Ten Years of Emergency Arbitration Grant Hanessian & E. Alexandra...
...Court in Servotronics that courts are likely to “exercise considerable restraint granting access to requested information only in limited circumstances when the grant is consistent with the tribunal’s receptivity to...
...jurisdiction to grant anti-arbitration injunctions in arbitrations governed by the Act. It was held that Civil Courts had jurisdiction to grant anti-arbitration injunctions where it was proved that the arbitration...
...that specifically prohibit parties from beginning or continuing arbitration proceedings, thereby restoring them to a position wherein the suit is not infructuous.[12] Unfortunately, Indian courts have granted such injunctions, often...
...arbitrators to grant interim relief and reads as follows: “In the arbitration agreement or in another written document predating the institution of the arbitral proceedings, the parties, also by referring...
...an attachment of assets, an urgent measure to stay a shareholders’ meeting, or an order granting injunctive relief to preserve the status quo.[8] At the outset of a dispute, the...
...& Ved Thakur, Do Indian Courts have the Power to Grant Anti-Arbitration Injunctions? (Blog, October 8, 2020) Vincenzo Vigoriti, International Arbitration in Italy (Vol. 1(1) March 1990) Bette E. Shifman,...
...usually granted is that of damages, with only a relatively small percentage of the entirety of those awards providing for a remedy of specific performance.” This reluctance can be attributed...
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