...courts are empowered to set aside arbitral awards on limited, enumerated grounds. Traditionally, Indian courts have been reluctant to exercise any power of “modification” akin to the broad corrective powers...
Search Results for : %Court Decisions"
...Convention, 1948 (No. 87)?” THE COURT’S ADVISORY OPINION The Court unanimously resolved that it could respond to the question posed because (1) the ILO had been duly authorized by...
International Labor Organization (ILO): Right to Strike
...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...
The Viability of Precedents in Arbitration
...to the Ninth Circuit. On August 1, 2023, the Ninth Circuit overturned the District Court’s decisions, concluding that the District Court had mistakenly determined that personal jurisdiction over a foreign...
Devas-Antrix Saga: A New Hope – Amici Curiae Brief
...ratifying the New York Convention, had waived its state immunity from jurisdiction of Australian courts that were enforcing a foreign arbitral award.[3] THE HIGH COURT’S DECISION The High Court...
Sovereign Immunity
...enactment of the Mediation Act of 2023, recent court decisions involving challenges to arbitration awards, as well as other challenges posed by the government’s own experiences, the Guidelines apply to...
The Way Forward: An Analysis of India’s New Guidelines for ...
...two arbitrations seated in Belgium.[14] APPEALING THE ICC COURT’S DECISIONS ON ARBITRATOR CHALLENGES: ARTICLE 43 AND LEX ARBITRI The new Article 43 extends its scope to “any claims arising out...
Dispute Resolution Clause in the ICC Rules 2021: An Innovative ...
...that it was “strongly arguable” for it to be Russian law. It was held that Moscow courts were the appropriate court to hear the case. Enka appealed this decision to...
The Expanded Powers of UK Courts in London-Seated Arbitration Agreements: ...
...placed to assist the Court.[4] The Commercial Court Guide actively encourages the participation of junior advocates in proceedings before the English Commercial Court and provides examples of when a junior...
Championing the Junior Arbitration Advocate: What Can Arbitration Learn ...
Author: Aditya Marwah* Jurisdictions: India Topics: Party Autonomy Damages in Arbitration Jurisdiction and Powers of the Courts in Matters of Arbitration Generally Arbitration Awards The Supreme Court of India has...
Pendente Lite Interest and Future Interest Cannot be Awarded by ...
Author: Raúl Pereira Fleury* Jurisdiction: International Switzerland Topics: Independence and Impartiality Arbitrators and Arbitral Tribunals On December 22, 2020, the Swiss Federal Supreme Court (the “Supreme Court”) handled its decision...
Beware of What You Tweet – Social Media and the ...
...analyze the decision in Dhansar Engineering in the context of precedents of the Supreme Court of India and other High Courts. The authors conclude that, based on the peculiar facts...