...non-western regions, the difference between those making the decisions and those at the receiving end of the decisions is striking. The good news, Professor Kaufmann-Kohler reported, is that there is...
Author: Jacomijn J. van Haersolte-van Hof** Published: May 1995 Topics: ECJ Description: On January 3, 1992, the Gerechtshof te Arnhem (Court of Appeal of Arnhem) referred two questions concerning the...
Author: Michael Penny* Published: May 2002 Jurisdiction: Canada Topics: Court Decisions Judicial Assistance in Procedural Matters Practice and Procedure Discovery Evidence Description: Canadian law and practice over the past two...
...reasonable opportunity to present their case; • Second; because it does not always produce fair decisions (even if sometimes they are technically correct); • Third, because there is no appeal...
...bargained for). Moreover, in common law countries, there is the need for the law to develop through court decisions. HISTORY OF S. 69 OF THE ACT – THE “NEMA” S....
...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...
...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...
...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...
...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...
...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...
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...
...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...
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