...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...
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 ...
...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 ...
...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
...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 ...
...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 ...
...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...
The Non-Enforceability of Decisions Rendered in Summary Arbitral Proceedings Pursuant ...
Author: Michelle Lee* Published: August 2017 Jurisdiction: International Topics: Authority of the Arbitral Tribunal Right to Decide on Jurisdiction Arbitral Awards Relief and Remedies in General Court Decisions Procedure and...
Choice of Active Remedies Under the UNCITRAL Model Law — ...
...justice The tribunal’s main concern in analyzing the denial of justice claim was differentiating between “procedural decisions properly adopted by local Courts, which are contrary to the alien’s interests, and...
Lion Mexico Consolidated v. Mexico: An Unprecedented Finding of Denial ...
Authors: Mauricio Gomm-Santos* and Quinn Smith** Published: January 2009 Jurisdiction: United States Topics: Court Decisions Review on the Merits Description: “Even when laws have been written down, they ought not...
On Dangerous Footing: The Non-Statutory Standards for Reviewing an Arbitral ...
...University). Maxime Chevalier has worked on the section on French drafting history of the ICSID Convention, as well as with the French court decisions. Author can be contacted at mchevalier@jgu.edu.in....
A Liberal Push and The Sovereign Pull: Recognition, Enforcement, and ...
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...