...continue to develop, in the absence of the “life blood” of court decisions and arbitral awards subject to appeal?”) [15] 2018 International Arbitration Survey: The Evolution of international Arbitration, 28...
Search Results for : %Court Decisions"
...Andreeva Judicial Assistance By German Courts in Aid of International Arbitration Reinmar Wolff Arbitral & Judicial Decisions Jurisdiction to Set Aside a Foreign Arbitral Award, in Particular an Award Based...
Volume 19: Issue 1 (April 2009)
...system of law should an arbitrator’s determination of jurisdiction be beyond the scope of review by a court.” The last ten years or so have seen our Supreme Court, at...
The Arbitrability Question Itself – Vol. 10 No. 3
...indications of corruption. In the set-aside proceedings filed in the Netherlands, the national court found that the arbitral tribunal imposed a too strict standard in requiring direct proof. The court...
TagTime with Vladimir Khvalei – Corruption in international arbitration: red flags, ...
...If either party to the arbitration goes directly to the court without first presenting the challenge to the arbitral tribunal or the arbitral institution, the court must dismiss the case....
Chinese Ministry of Justice Proposes Amendments to its Arbitration Law
...arbitration should generally work better than national court litigation. Even arbitration at its worst should work at least as well as going to court. And the process for enforcing arbitration...
The Lesser Evil: How and Why Litigation Over Arbitration Awards ...
...attributed the deadliness of a torpedo action to infamous Italian court delays, Italian courts’ refusals to immediately defer to the arbitrators’ determination of competence and the lack of an efficient...
Disarming the Italian Torpedo: The 2006 Italian Arbitration Law Reforms ...
...certainly be traced to a number of different factors, not least of which is the 1998 California Supreme Court case Birbrower v. Superior Court of Santa Clara County.[2] Birbrower centers...
Why is California So Behind in International Arbitration and Is ...
...preserve a party’s interests. These disputes can be lengthy and expose the parties to post-deal risks longer than they may have intended. Protracted legal disputes in and outside a court...
How to Limit the Risk of Overlong Post-M&A Arbitrations & ...
Author: Eyvana Maria Bengochea Jurisdiction: Europe Topics: BITs Investment Disputes On March 6, 2018, the Court of Justice of the European Union (“CJEU”) issued the first precedent in regards to...
The Invalidity of Intra-EU Bilateral Investment Treaties after Slovakia v. ...
...Cert Arb (Adelaide), Grad Dip Laws (UQ), Barrister and Solicitor, Supreme Court (Vic), Supreme Court (NSW), High Court of Australia; Lecturer, Deakin University Australia; Senior Assistant, Global Sales Law Project,...
International Arbitration And Security For Costs A Brief Report On ...
...Term of the U.S. Supreme Court was a “happy” event for the American law of arbitration. The Court heard and ruled upon no fewer than four arbitration cases. Prior to...