...such. When a court views a given topic through the prism of comity, it retains flexibility, whereas when a court applies one of the rules derived from comity, it is...
Search Results for : %Court Decisions"
...(both refer to tribunal or court-ordered production of materials, but the former is used in English and the latter in U.S court litigation and arbitration1 – for clarity’s sake, “disclosure”...
The Taking of Documentary Evidence in International Arbitration* – Vol. ...
...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...
Arbitration In Cross-Border Merger & Acquisition Transactions: An Advantage?
...“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. ...
...clients in domestic/cross-border disputes before various courts, including the Supreme Court of India, and in a variety of arbitral forums. **Natasha Singh is an Associate in the Dispute Resolution team...
Subject Bias – The Blurring Lines Between Practitioners and Arbitrators
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* – ...
...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 ...
...Nowhere is this more evident than in a decision of the Pakistan Supreme Court released in June of last year. Download Full PDF *Current Developments **Registered Foreign Lawyer, Hong Kong....
Hubco v. WAPDA: Pakistan Top Court Rejects Modern Arbitration* – ...
...on Third-Party Funding (“TPF”) practice in the United States, this study surveys court decisions that relate to a TPF paradigm that assumes an entry onto the scene by a party...
Third-Party Funding in the United States: A Systematic Judicial Analysis ...
...reveals that the first international courts to express this reluctance in an international dispute were the Permanent Court of International Justice (the “PCIJ”) and the International Court of Justice (the...
Interim Measures in International Arbitration: The Case for Applying High ...
...of resulting awards is their frequent reliance on the decisions of earlier tribunals to identify rules of international law applicable to foreign investment disputes. This practice has spawned an extensive...
The Use of Precedents in Investment Treaty Arbitration Awards – ...
...are especially active in the sphere of global money markets, and thus try to attract foreign capital to their national economies. This paper highlights significant recent appellate decisions addressing international...