...The tribunal ruled in favor of Achmea, and Slovakia sought to annul the award in German courts. The German Federal Court of Justice referred the matter to the ECJ, asking...
Search Results for : %Court Decisions"
Author: Mees Brenninkmeijer* Jurisdiction: European Union Switzerland Belgium Topics: ECJ Contractual Expansion or Limitation of Judicial Review Recourse Against Award Generally The recent sports-related decisions from the European Court...
Once Upon a Time in RFC Seraing: the EU Frontier ...
...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 ...
...judgment has drawn legal ire: First, the Supreme Court’s intervention is seen as an overreach into the arbitral tribunal’s factual domain. Critics argue that the Court’s reinterpretation of the CMRS...
A Case That Travels: DMRC v. DAMEPL and the Universal ...
...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...
Reinforcing the Position on Governing Law of Arbitration Agreement: An ...
...[was] shocking to the conscience of the court, to say the least.” The appellant then challenged the High Court’s decision before the Supreme Court of India. The appellant’s primary argument...
Ratnam Sudesh Iyer v. Jackie Kakubhai Shroff: The Supreme Court ...
...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?
Author: Aaron J. Crowell Jurisdiction: United States Topics: Arbitrability Court Decisions Jurisdiction and Powers of the Courts in Matters of Arbitration Generally This January the Supreme Court decided Henry Schein...
What did the 2018-2019 Supreme Court Term mean for the ...
...to life, liberty, and property. While the trial court allowed the claim, the U.S. Court of Appeals for the Ninth Circuit reversed the decision since the court lacked the power...
What Role Does Dispute Resolution Have in Tackling Climate Change?
...underlying interpretation of the term “investment” and remitted the case to the court of first instance in a 2018 decision. This time around, the Paris Court of Appeal referred the...
Lights Out for the Energy Charter Treaty? The ECJ’s Next ...
...court decisions.[16] First, three decisions interpreting the CPC reasons requirement rendered by Branch 36 of the Civil Court of Tehran will be discussed. All three decisions relate to domestic arbitral...
Reasoned Arbitral Awards: An Iranian Perspective
...that decisions of the court have no binding force apart from the matters dealt in that particular case. The WTO also has no formal doctrine of precedent; however, it can...