...expropriation, the doctrine of police power serves as a frontier defense. India can make the case that the measure adopted was a part of the State’s police powers. Police powers...
Search Results for : %2Jurisdiction and Powers of the Courts in Matters of Arbitration Generally"
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 ...
...human rights arbitration.” [6] When completed, this set of rules will be offered to the Permanent Court of Arbitration and other international arbitration institutions for the use in arbitration proceedings.[7]...
International Arbitration as a Potential Forum for Business-Related Human Rights ...
...context of the Shanghai FTZ. These arbitration rules contained more modern provisions on emergency arbitration, consolidation of arbitration, as well as an open-ended list of arbitrators. The Lin-gang Framework Plan...
The Lin-Gang Framework Plan in The Shanghai Free-Trade Zone: A ...
...within the U.S. Interestingly, the award was revoked in India between the District Court’s decisions and the Ninth Circuit’s judgement. Because U.S. courts generally refuse to enforce a foreign arbitral...
Devas-Antrix Saga: A New Hope – Amici Curiae Brief
...ICC Arbitration Rules 2021, Articles 4.1, 4.2, 19.2 and 26.2 of the LCIA Arbitration Rules 2020 and Article 24(2) of the Korean Commercial Arbitration Board, International Arbitration Rules of 2016....
What Role Does Dispute Resolution Have in Tackling Climate Change?
...or non-users in the case of arbitration, become converts and new users of arbitration. And how exactly would this disruption change the manner in which arbitration proceedings are conducted? Would...
Blockchain Arbitration: Promises and Perils
...arbitrate the dispute at issue. But is such an agreement sufficient for the arbitration to proceed as class arbitration? The central issue of class arbitration is whether the parties need...
Class Arbitration – When a Silent Arbitration Clause May Still ...
...being new and largely untested in a country where the term arbitration was essentially synonymous with ad hoc arbitration? One concern raised was how the Pakistani courts would view...
If You Build It, They Will Come: The Story of ...
...This decision is consistent with a broader trend in Russian jurisprudence, where courts have increasingly issued orders to halt arbitration proceedings involving sanctioned parties, especially when the arbitration agreement stipulates...
Impartiality or Nationalism? Unpacking the Russian Supreme Court’s Ruling and ...
...practitioners with a great deal of experience in litigation and commercial arbitration – offer readers something still rare in Brazilian arbitration literature: a deliberately radical, methodologically non‑isolationist – and at...
Book Review – Constitutional Arbitration: When Private Jurisdiction Meets Constitutionalism
...and Environmental Disputes in International Arbitration, Kluwer Arbitration Blog (24 July, 2018), http://arbitrationblog.kluwerarbitration.com/2018/07/24/human-rights-and-environmental-disputes-in-international-arbitration/. [2] Id. [3] Id. [4] Claus Cronstedt et al., International Arbitration of Business and Human Rights: A...