...inherent jurisdiction under Section 9[14] of the Code of Civil Procedure, 1908, to try all suits of civil nature unless expressly or impliedly barred by the law, and in the...
Author: John Bishop Ballem Q.C.* Published: June 1991 Topics: International Institutions and Rules ICC Practice and Procedure Expedited Proceedings Description: The cases arbitrated under the auspices of the ICC International...
...arbitration. There have, however, been some initiatives that aim at regulating the arbitration procedure in particular legal contexts. An important example is the EU’s approach to consumer protection. The European...
...arbitrator to prescribe the appropriate procedure, it is for the arbitrator to decide whether to entertain a class action and to prescribe the appropriate procedure to be followed. In the...
...any agreement to the contrary” by the parties. Most of these provisions can be labeled arbitral procedure, but some are “mixed” procedure and substance. Section 60 of the Arbitration Act...
...notices. Resembling common-law instruments such as impleader and vouching-in, the mechanism of third-party notices is provided by Sections 72 et seq. of the German Code of Civil Procedure [Zivilprozessordnung, or...
...factual, technical, and legal issues. There may also be multiple parties across multiple jurisdictions as well as multiple contracts. Complicated issues of procedure may also arise during the arbitration. Arbitral...
...the ECJ in the preliminary reference procedure, this was indeed a “question that was not asked,” as put aptly by Nikos Lavranos in his commentary.[14] Still, the ECJ decided that...
...tribunals. Among Hans’ most significant faculty positions at Columbia Law School was the directorship of the Project on International Procedure, along with Ruth Bader Ginsburg, at that time a research...
...third-party adjudication through behaviorally informed rules on procedure thus seems to be an avenue of research worth being pursued. In applying behavioral law and economics to international commercial arbitration, the...
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