Authors: Atul Pal* Topics: Precedent Rules Decisions Introduction The term “precedent” was derived from the doctrine of “stare decisis” with a literal meaning of “standing by what is decided.” A...
...the designation of the applicable law through the mediation of a conflict rule. It follows from that description that the concept has limited meaning in those jurisdictions which routinely adopt...
Author: Bette E. Shifman* Published: June 1990 Jurisdiction: Canada United States Topics: Arbitrators and Arbitral Tribunals Challenge of Arbitrators Commercial Disputes Applicable Law Arbitral Awards Enforcement of Arbitral Awards Interim...
Author: Hans Smit* Published: August 2009 Jurisdiction: United States Topics: Class Action Applicable Law Description: On November 4, 2008, the Second Circuit, in Stolt-Nielsen SA v. AnimalFeeds International Corp., reversed...
Author: W. Laurence Craig* Published: April 2011 Jurisdiction: International Topics: Powers of Arbitrators Right to Determine Applicable Law Right to Determine Validity of Agreement Right to Decide ex aequo et...
...(56 cases), and Brazil at 4.4% (42 cases). Unsurprisingly, the preliminary figures for arbitrator nationality statistics tie in nicely with the applicable law statistics. Of the 92 countries from which...
Author: Hans Smit* Published: March 1990 Jurisdiction: United States Topics: Arbitrators and Arbitral Tribunals Capacity and Qualifications of Arbitrators Categories of Disputes Arbitrability Applicable Law Lex Mercatoria Arbitral Awards Interest...
Author: Andreas F. Lowenfeld Published: October 2003 Topics: Commercial Disputes Applicable Law What a strange book this is. The subject of this book is extinctive prescription, although that term is...
Author: Adam Sulkowski Published: June 1999 Jurisdiction: Poland Topics: Applicable Law Enforcement of Arbitral Awards Enforceability New York Convention Description: This article seeks to evaluate Polish arbitration law and specifically...
Authors: Cesar Pereira C.Arb FCiarb*, Leonardo F. Souza-McMurtrie**, Lorenzo Galan*** Topics: Applicable Law International Character of Dispute Contract Interpretation Commercial Disputes States as Parties International Litigation Introduction The 2024-2025...
...of Arbitration Generally Applicable Law Parties Capacity of Parties Responsibility of Parties Description: Introduction Increasing recourse to international commercial arbitration as a private means of settling disputes has raised many...
Author: Kaj I. Hobér Published: October 2003 Topics: Commercial Disputes Applicable Law What a strange review this is!1 It is impossible to tell if the reviewer has failed to penetrate...
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