...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...
Search Results for : %Court Decisions"
...Swedish courts have prompted comprehensive consideration of the subject. That consideration is attempted here. On March 30, 1999, the Svea Court of Appeal in Sweden, rendered a most important decision....
Breach of Confidentiality as a Ground for Avoidance of the ...
...Southland and restore to state courts freedom from the FAA on federalist grounds. In an era where some have heralded the return of a Supreme Court that strongly supports states’...
From Hostility to Harmony: Buckeye Marks a Milestone in the Acceptance of ...
...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
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...
Oral Presentation of Evidence and the Application of the Parol ...
Author: Julian Ranetunge** Published: September 2019 Jurisdiction: International Topics: Court Decisions Anti-Suit Injunctions Judicial Assistance in Procedural Matters Jurisdiction and Powers of the Courts in Matters of Arbitration Generally Description:...
Brussels in a Bind: West Tankers, Gazprom, and Damages for ...
...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 ...
...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 ...
...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
...was generally to limit curial intervention in the arbitral process; more particularly, it was to limit such intervention with regard to appeals to the Commercial Court on points of law...
Leave to Appeal and Australia’s Model Uniform Legislation: Curbing Judicial ...
Author: Hans Smit** Published: October 2003 Topics: Court Decisions Contractual Expansion or Limitation of Judicial Review Review on the Merits Enforcement of Arbitral Awards Enforceability Description: Arbitral mistakes continue to...
Another Judicial Misstep in Correcting an Arbitral Award* – Vol. ...
...is one of the few court decisions concerning the implementation of the ICSID Convention. Although ICSID has been functional since 1966, few cases have arisen to test the enforcement system...