...In other words, arbitration provides a neutral forum for resolving disputes to parties from different legal systems who are hesitant to litigate in a foreign court system, which can be...
Search Results for : %Court Decisions"
Author: Marc F. Guarin** Published: December 1993 Jurisdictions: Hong Kong The Netherlands Canada United States Topics: Judicial Consolidation of Arbitral Proceedings Consolidation of Proceedings Description: The court ordered consolidation of...
International Approaches to Court Ordered Consolidation of Arbitral Proceedings* – ...
...“who is to decide” question once were well defined. Today, however, there exists significant confusion as to how a court is to decide which forum, the court or the arbitrator,...
The Rules Governing Who Decides Jurisdictional Issues: First Options v. ...
...Court of Appeals for the Ninth Circuit affirmed the district court’s dismissal for lack of jurisdiction. The court found that the requirement of jurisdiction did not emanate from what the...
Civil Procedure Meets International Arbitration: A Tribute to Hans Smit ...
Author: Aurelia Grigera* Jurisdictions: International Argentina Topics: Defenses Investment Disputes ICSID WTO INTRODUCTION Many times in history, governments of different states have been forced to make decisions to protect their...
Necessity in Investment Arbitration: Boosting the ICSID System’s Legitimacy
...a Justice before the Brazilian Superior Court of Justice, its lessons are directly applicable to arbitration. Indeed, arbitration shares with judicial adjudication the same essential function: resolving disputes through reasoned...
Humanism and Responsibility in Arbitral Decision-Making Lessons from Letters to ...
...that determination.[10] According to this view, what the umbrella clause governs is the performance or observance of the obligation or commitment once the content is determined by a local court.[11]...
Empirics-Based Umbrella Clause Interpretation
...forecloses a court from applying its domestic measures for validity of awards by substituting, instead, a limited menu of reasons why a court presented with a foreign arbitral award may...
Circumvention of New York Convention Requirements Through Application of Domestic ...
...court decisions in New York, which has created some uncertainty in this area, particularly as regards foreign arbitral awards. The uncertainty concerns the availability of lack of jurisdiction of the...
Lack of Jurisdiction and Forum Non Conveniens as Defenses to ...
...made by the civil Court of First Instance located at the seat of arbitration. (3) A time limit of 90 days of the request for arbitration is set for the...
Unpacking the New Greek Law on International Commercial Arbitration
...lower courts and in the High Court. However, the High Court sent the case back to the lower court to reformulate the declarations to be given so as to limit...
Confidentiality in Arbitration* – Vol. 6 No. 1
Author: Erik Mårild** Published: August 2013 Description I. INTRODUCTION With the judgment T 6238-10, dated February 24, 2012, by the Svea Court of Appeal, the appellate court in Stockholm upheld...