...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...
Search Results for : %Court Decisions"
...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 ...
...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 ...
...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 ...
...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 ...
...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...
The “Public Policy” Exception under the New York Convention: The ...
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?
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 — ...
...United States Code has engaged the persistent interest of courts, practitioners and commentators. This interest has led to conflicting decisions and views. The most recent instance is the decision of...
The Supreme Court Rules on the Proper Interpretation of Section ...
...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 ...
...so, as the decisions of the Court of Appeal and that of the Supreme Court are largely contradictory, and also differ in terms of underlying assumptions and style of argument....
The Parties’ Right to Choose Their Arbitrator and the Prohibition ...
...question of how the Supreme Court’s recent decision in Hall Street Associates, L.L.C. v. Mattel, Inc., should have been decided. On one side were those who argued that the judicial...