...that the parties agreed to have resolved by international arbitrators rather than national courts were sometimes effectively decided by a national court’s decision on the request for interim relief. If...
Search Results for : %Court Decisions"
...arbitrators and national courts are critical to the functioning of modern international commercial arbitration. Trite but true, although acknowledgement of the place of national courts and national law in this...
Institutional Rules and Arbitral Jurisdiction: When Party Intent is Not ...
...of an arbitration agreement from its underlying contract should be approached in light of these aims. According to a recent decision of Chamber “E” of the National Commercial Court of...
The Scope of the Separability of the Arbitration Agreement under ...
Author: Martin Davies* Published: March 2008 Jurisdictions: International United States Topics: Categories of Disputes Commercial Disputes Interim Measures of Protection Interim Measures Relating to Evidence Interim Measures Relating to Property...
Court-Ordered Interim Measures In Aid Of International Commercial Arbitration – ...
...courts in the relevant jurisdiction, but in the international sphere the courts of at least two nations compete for supremacy and most often have overlapping jurisdiction. Lack of trust in...
The Present Status of the International Court of Arbitration of ...
...disputes. By choosing an arbitral forum, parties agree not to have their disputes resolved in national courts. But in most cases national courts retain some supervisory authority over the arbitral...
Enforcing Vacated International Arbitration Awards: An Economic Approach – Vol. ...
...course of a separate court-ordered money laundering investigation, it became known that the Turkish government had intercepted privileged communications and materials that had been exchanged between the claimant and its...
TagTime with Catherine Amirfar – Cybersecurity and International Arbitration: A ...
...as well as arbitration. Arbitration back then was still relatively youthful, as I was. Chapter 2 was my glorious quarter-century on New York’s high court, the Court of Appeals. For...
Junctures: In Life and In Law – Vol. 20 No. ...
...Blog (Dec. 24, 2016), http://arbitrationblog.kluwerarbitration.com/2016/12/24/austrian-supreme-court-establishes-new-standards-as-regards-the-decisive-underlying-reasoning-of-arbitral-awards/. [13] Lucja Nowak & Nata Ghibradze, The ICC Expedited Procedure Rules – Strengthening the Court’s Powers, Kluwer Arbitration Blog (Dec. 13, 2016), http://arbitrationblog.kluwerarbitration.com/2016/12/13/reserved-for-13-december-the-icc-expedited-procedure-rules-strengthening-the-courts-powers/. [14] Id....
The Perceived Tension Between Party Autonomy and Expedited Procedure Under ...
...it is logical to look at the approach taken by national courts. For this, the next section will look into the existing case law to assess how courts view and...
The Role of Blocking Regulations in International Arbitration: A Ground ...
...arbitration. At issue was the role of the English courts in an ICC arbitration procedure. Download Full PDF *Arbitral & Judicial Decisions **Member of the Ontario and New York Bars;...
One Small Step Backward?: A Comment on the Ken-Ren Cases* ...
...is the most appropriate way to deal with the dispute before them. However, this famous flexibility also means that procedural decisions may not turn out to be as efficient as...