...is normally influenced by the parties to a contract in any number of ways. Some of the methods involve actions taken prior to litigation by an ex ante inclusion of...
Search Results for : %22Class Action%22
...an order/action under 28 U.S.C. § 1782 is granted: Whether the person from whom discovery is sought is a participant in the foreign proceeding? The Court reasoned that a party...
Using 28 U.S.C. § 1782 to Assist a Private International ...
...have applied Article 16(3) to negative jurisdictional findings, reasoning that not allowing such a review would force the claimant to commence a court action without ever having had the benefit...
Between Scylla and Charybdis: Should Negative Jurisdictional Decisions by the ...
...the action taken was not arbitrary and was based on the scientific evidence that was available at the time. In any event, one can foresee that the inquiry will be...
The Challenge of Scientific Uncertainty in Future Investment Disputes Related ...
...each of the first three cases were received from the respective Defendants around December 5, 1991,1 attempted to accelerate the procedures. This required action on three levels. First, the parties’...
Fast-Track Arbitration: An ICC Counsel’s Perspective – Vol. 2 No. ...
...have no connection to the underlying transaction or dispute except that assets of the award debtor are found or eventually might be found there. What should be the role, in...
Application of the Doctrine of Forum Non Conveniens in Summary Proceedings ...
...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 ...
...Framework on Business and Human Rights, Ethical Trading Initiative (March 22, 2016), https://www.ethicaltrade.org/sites/default/files/shared_resources/india_national_framework_bhr_background.pdf [29] Call to action on Labour Law changes in India, Ethical Trading Initiative (May 18, 2020), https://www.ethicaltrade.org/sites/default/files/shared_resources/ETI%20Statement%20on%20Labour%20Law%20changes%20in%20India.pdf...
Hague Rules on Business and Human Rights Arbitration: What Lies ...
...action. This article addresses these cases, and their impact on the homologation (exequatur) and challenge of international and domestic arbitral awards in Italy. Download Full PDF *Notes & Comments **Professor...
Homologation and Challenge of Arbitral Awards in Italy* – Vol. ...
...prevailing party in arbitration may choose between the two procedures at the outset of an action to convert the award into a court judgment (i.e., to confirm the award). Download...
The More Favorable Regime Within the “Overlapping Coverage” of FAA ...
...provides that “[i]n the determination of reparation, account shall be taken of the contribution to the injury by wilful or negligent action or omission of the injured State or any...
The Tik-Tok Ban in India: Remedies Under the ISDS Regime
...continent and for the world. THE COLONIAL LEGACY It is “settled wisdom” that the law follows trade. Similarly, economic opportunity is what frequently drives political action. These realities have been...