...within the U.S. Interestingly, the award was revoked in India between the District Court’s decisions and the Ninth Circuit’s judgement.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...
Search Results for : %2Jurisdiction and Powers of the Courts in Matters of Arbitration Generally"
...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 ...
...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
...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 ...
...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 ...
Authors: Syamantak Sen* and Aadya Bansal** Jurisdiction: India Topics: Jurisdiction and Powers of the Courts in Matters of Arbitration Generally National Legislation Bankruptcy of a Party Court Decisions New York...
Foreign Arbitral Awards Under Indian Insolvency Law: Room for Improvement?
...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...
The Evolving Role of Human Rights in International Arbitration
...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
...international arbitration. Arbitrators frequently confront disputes involving complex commercial sectors, public policy issues, or cross-cultural interactions. Construction arbitrations may require understanding engineering practices. Investment arbitrations may involve questions of economic...
Humanism and Responsibility in Arbitral Decision-Making Lessons from Letters to ...
...Arbitrate Enforceability of Arbitration Agreements Court Decisions Contractual Expansion or Limitation of Judicial Review Judicial Confirmation of Award International Character of Dispute Jurisdiction and Powers of the Courts in Matters...