...grounds. The endless fascination with this ground of defense centers on its amorphous nature and the fear of its potential to negate arbitral awards. To date, English court decisions on...
Search Results for : %Court Decisions"
...arbitrate claims in lieu of bringing them in court. Article II generally requires national courts to defer to agreed upon arbitration proceedings, and Article III generally requires national courts to...
Court Litigation Over Arbitration Agreements: Is It Time for a ...
...the Supreme Court of India.[4] The Supreme Court upheld the arbitral award in 2021, after 31 months from the date of filing of the SLP petition. The Court held that...
The DMRC Case: An Ongoing Walk to Execute Arbitration Award
...States’ discretion in framing the situation that may be investigated by the Court and the Court cannot be used ‘opportunistically.’ Even if, hypothetically, India succeeds in limiting their declaration, doing...
The ‘Abeyance’ of the Indus Water Treaty: A strategic interpretative ...
...creditors requested domestic compliance before the US bankruptcy court. Upon the agreed motion of WCC and the bankruptcy administrator, on June 23, 2022, the Court ordered that the NAFTA claim...
Unsecured Creditors: How the Westmoreland Arbitrations Have Undermined Type G ...
...above was expressly addressed for the first time by an Italian Court in a recent decision of the Genoa Court of Appeal.[10] Ferretti S.p.A. (“Ferretti”), a yacht manufacturer, commenced an...
International corporate arbitration: when the arbitration clause in a corporation’s ...
...He regularly represents clients before the Supreme Court of India, High Courts, and various tribunals. Samridhi Shrimali: is a practising advocate based out of New Delhi. She specialises in restructuring...
Preliminary Determination and Early Dismissal in Arbitration: A Distinction Without ...
...a court in another jurisdiction (anti-anti-suitinjunction). Although not directed at a foreign court, the remedy is inherently controversial because it interferes with the foreign parallel litigation. An anti-suit injunction constitutes...
Injunctions in Favor Of and Against Arbitration – Vol. 21 ...
...House of Lords in October 2009, the United Kingdom Supreme Court delivered a judgment that may not make up for all that lost time, but is deeply instructive nonetheless. The...
The UK Supreme Court Speaks to International Arbitration: Learning From ...
Author: George A. Bermann* Published: March 2012 Description: The Supreme Court’s most recent “trilogy” of arbitration law rulings – Stolt-Nielsen, Rent-A-Center and AT&T Mobility v. Concepcion – deserves the lavish...
The Supreme Court Trilogy and Its Impact on U.S. Arbitration ...
...domestic and international courts, as well as arbitral tribunals, AI systems now increasingly shape the approach about how facts are analyzed, arguments formulated, evidence assessed, and decisions drafted. AI tools...
Artificial Intelligence in International Arbitration: a Rule of Law Perspective
...preformation stage. Unlike state courts, arbitral tribunals are in general appointed for particular disputes. Consequently, during the weeks and months before the tribunal has been constituted there may not be...