Author: Sampurna Mukherjee* Jurisdiction: India International Topics: Arbitration Clauses Arbitrators and Arbitral Tribunals Jurisdiction of Tribunals I. INTRODUCTION There can be no doubt that today, the preference,...
Search Results for : Jurisdiction
Author: Rajarshi Singh* Jurisdiction: International Topics: Right to Decide on Jurisdiction Jurisdiction and Powers of the Courts in Matters of Arbitration Generally I. INTRODUCTION The principle of compétence-compétence, often termed...
Between Scylla and Charybdis: Should Negative Jurisdictional Decisions by the ...
...in not exercising his jurisdiction. The bench maintained that the court has the inherent jurisdiction to determine whether a dispute is arbitrable, particularly when the ends of justice would be...
Anti-Arbitration Injunctions: The Endless Tussle for Jurisdiction
...Prevailing Approach: Admissibility Over Jurisdiction Recent jurisprudence across multiple jurisdictions increasingly characterizes non-compliance with pre-arbitration steps as affecting admissibility rather than jurisdiction. This trend aligns with arbitration’s fundamental goals of...
A Comparative Analysis of the Enforcement of Multi-tier Dispute Resolution ...
...invoking immunity, reinforcing the reliability of the U.S. as an enforcement jurisdiction. Any interpretation that imposes additional jurisdictional hurdles, such as the Ninth Circuit’s minimum contacts requirement, undermines this statutory...
Devas-Antrix Saga: A New Hope – Amici Curiae Brief
...the ICC for which there is no jurisdiction in the lex arbitri. Beyond a doubt, Article 43, as a dispute resolution provision covering jurisdiction and choice of applicable law, is...
Dispute Resolution Clause in the ICC Rules 2021: An Innovative ...
...in the U.S. context. Under FSIA, a foreign state shall not be immune from jurisdiction of U.S. courts in enforcing arbitral awards if the three jurisdictional elements are present: (1)...
How Achmea Works Out in the United States: The Enforcement ...
...may appear to briefly overlap as the former covers ‘issues’ including questions of jurisdiction and the latter permits dismissal of a ‘claim or defence’ being “manifestly outside the tribunal’s jurisdiction”,...
Preliminary Determination and Early Dismissal in Arbitration: A Distinction Without ...
...issues that require specialized knowledge and a tailored approach. However, in many jurisdictions, these cases are heard by courts of general jurisdiction that don’t have specialized knowledge of human rights...
TagTime with Dr. Yas Banifatemi – Arbitration as a means ...
Author: Utkarsh Trivedi* Jurisdictions: United Kingdom India USA Germany Topics: Investment Disputes Jurisdiction Nationality This article examines a recurring challenge in investment arbitration, namely the conditions under which a...
The Nationality and Substance Thresholds in Investor-State Jurisdiction: Reassessment ...
...exclusion of civil courts, to determine its own jurisdiction. Subsequently, the Apex Court in Chatterjee Petrochem Company and Anr. v. Haldia Petrochemicals Limited[12](“Chatterjee Petrochem“), reaffirmed the jurisdiction of civil courts...
Do Indian Courts have the Power to Grant Anti-Arbitration Injunctions?
...Review on the Merits Right to Decide ex aequo et bono Right to Decide on Jurisdiction Right to Determine Applicable Law Right to Determine Validity of Agreement Rights Pertaining to...