...Certain provisions, such as Section 19(1) of the Indian Competition Act, 2002, allow both individuals who have suffered damages and any person, regardless of whether they have suffered damages or... Harmonizing Arbitration and Competition Law Disputes: Pursuing Consistency In AdjudicationJune 23, 2023 in Blog by Yue-Zhen Li
...submitted or disclosed all the documents on which it based its damages calculation.[7] Respondent raised this issue before the tribunal.[8] Nevertheless, the tribunal issued a final award ordering respondent to... Lessons from the Past: Avoiding the Frankfurt Surprise in the ...January 12, 2021 in Blog by clairesheridan
Author: Hans Smit** Published: May 1995 Jurisdiction: United States Topics: Arbitral Awards Indemnity, Damages, Punitive Damages Description: The number of decisions by the Supreme Court in the field of arbitration... Mastrobuono v. Shearson Lehman Hutton, Inc* – Vol. 6 No. ...July 29, 2020 by Claire Sheridan
...ATE is triggered when the insured loses the case. It covers expenses associated with the outcome of an adjudication: adverse damages awards, costs orders, the insured’s own expenses relating to... Arbitration Finance in the Aftermath of a Pandemic: Third-Party Funding ...January 28, 2021 in Blog by clairesheridan
...cancellation clause passed an award of damages in favour of Alimenta S.A.. Alimenta S.A. filed a petition to enforce the award before the Delhi High Court, which allowed enforcement.[4] NAFED... The Indian Supreme Court’s Judgment in NAFED v. Alimenta S.A.: ...July 21, 2020 in Blog by Claire Sheridan
...by New York State law. The said dispute is adjudicated through an arbitration seated in New York, which culminates in an arbitral award directing the company to pay punitive damages... To Do or Not To Do: The Financial Disclosure of ...November 12, 2023 in Blog by Yue-Zhen Li
...the claimant had prayed for termination of a franchise agreement as against four partners and for damages and injunctive relief against Hyle, one of the partners. The arbitrator, proceeding under... Correcting Arbitral Mistakes – Vol. 10 No. 2July 28, 2020 by Claire Sheridan
...stipulated specific performance, or in the alternative, $100 million in damages. The arbitrators, holding that Elektrim had indeed breached its contract, denied specific performance and awarded only $38 million in... Preclusive Effects of an International Arbitral Award* – Vol. 15 ...July 26, 2020 by Claire Sheridan
...20 (June 22); Certain Criminal Proceedings in France (Congo v. Fr.), Provisional Measure Order, 2003 I.C.J. 107, ¶ 22 (June 17); Pulps Mills on the River Uruguay (Arg. v. Uru.),... Interim Measures in International Arbitration: The Case for Applying High ...February 14, 2024 in Blog by Yue-Zhen Li
...the auspices of the American Arbitration Association’s International Centre for Dispute Resolution applying the AAA’s Commercial Arbitration Rules. The prevailing party in the arbitration received a multi-million dollar damages award,... A Kiss for Arbitration Costs Allocation – Vol. 23 No. ...July 18, 2020 by Claire Sheridan
...started, a class action lawsuit against the lender had already settled on conditions precluding class members from recovering damages from the lender. Despite concluding that Weiss was a member of... Manifest Disregard: A Legitimate Ground for Vacating International Awards Rendered ...October 20, 2020 in Blog by clairesheridan
...Applicable Law International and Transnational Law Arbitral Awards Practice and Procedure Evidence Discovery Indemnity, Damages, Punitive Damages Description: Columbia Arbitration Day consistently attracts some of the leading scholars and practitioners... Columbia Arbitration Day 2017 – Striking a Balance: Confronting Tensions ...July 13, 2020 by Claire Sheridan