...of the international arbitration. According to Article 21.1 of the ICC Arbitration Rules and Article 35.1 of the UNCITRAL Arbitration Rules, parties have the right to decide the applicable law...
Search Results for : %2Jurisdiction and Powers of the Courts in Matters of Arbitration Generally"
...of arbitration and to use arbitration as the method for resolving disputes arising from high-volume cross-border M&A transactions. Arbitration provisions should be prepared in a clear and straightforward manner, indicating...
Arbitration In Cross-Border Merger & Acquisition Transactions: An Advantage?
Author: Vivekanandh S M* Jurisdictions: India International Topics: Designation of Arbitrator Separability Jurisdiction and Powers of the Courts in Matters of Arbitration Generally Introduction In what came as a surprise,...
Setting the Clock Back: Judicial Interference in the Appointment of ...
...because, in the absence of an arbitration agreement, parties cannot resolve their disputes through arbitration, rendering the policy to promote arbitration ineffective. This issue arose before the High Court of...
To Incorporate or Not? Arbitration Clauses in Indian Government and ...
...commercial courts in matters involving a sanctioned Russian entity. These sanctioned parties can also seek anti-suit injunctions against foreign courts or arbitral tribunals, rendering sole jurisdiction to the Russian courts....
Imposition of Economic Sanctions: An Embargo on International Commercial Arbitration?
...grant anti-arbitration injunctions. The authors conclude that the Supreme Court must step in and legislate on the power of courts to grant anti-arbitration injunctions. STATUTORY FRAMEWORK An ‘anti-arbitration injunction’ is...
Do Indian Courts have the Power to Grant Anti-Arbitration Injunctions?
Author: Rajarshi Singh* Jurisdiction: International Topics: Right to Decide on Jurisdiction Jurisdiction and Powers of the Courts in Matters of Arbitration Generally I. INTRODUCTION The principle of compétence-compétence, often termed...
Between Scylla and Charybdis: Should Negative Jurisdictional Decisions by the ...
...EU law.[19] Moreover, they contend that when ECT serves as an existing arbitration agreement required under the FSIA arbitration exception, disputes over the scope of the arbitration clause arising out...
How Achmea Works Out in the United States: The Enforcement ...
...arbitrations, the modality of appointment of the arbitral tribunal, the subjects which are bound by arbitration clauses in corporate charters and bylaws and various other procedural aspects of corporate arbitrations...
International corporate arbitration: when the arbitration clause in a corporation’s ...
...decision-making to arbitrators. Conclusion If domestic courts automatically enforce arbitration awards without subjecting them to review, arbitrators may disregard local mandatory rules. However, if courts routinely review arbitration awards...
Harmonizing Arbitration and Competition Law Disputes: Pursuing Consistency In Adjudication
...arbitration clause stated that the managing director could serve as the sole arbitrator or nominate one. In this case, the arbitration clause stated that “the arbitration shall take place before...
Single-Party Arbitrator Nomination as a Ground of Annulment in India
...Queen Mary University of London School of International Arbitration, 2021 International Arbitration Survey: Adapting Arbitration To A Changing World (2021), https://arbitration.qmul.ac.uk/research/2021-international-arbitration-survey/ (last accessed May 6, 2023). HKIAC’s model arbitration clause...