...Courts at the Threshold of Arbitration (Vol. 28(3) December 2017) Aaron J. Crowell, What did the 2018-2019 Supreme Court Term mean for the Evaluation of Arbitrability? One Case in the...
Search Results for : %Court Decisions"
...trial-level court ultimately has discretion to grant or deny interim relief. Decisions issued by courts on interim relief must be properly reasoned, stating the factual and legal grounds that the...
Provisional Measures in Aid of Arbitration in Brazil
...The tribunal ruled in favor of Achmea, and Slovakia sought to annul the award in German courts. The German Federal Court of Justice referred the matter to the ECJ, asking...
How Achmea Works Out in the United States: The Enforcement ...
Author: Mees Brenninkmeijer* Jurisdiction: European Union Switzerland Belgium Topics: ECJ Contractual Expansion or Limitation of Judicial Review Recourse Against Award Generally The recent sports-related decisions from the European Court...
Once Upon a Time in RFC Seraing: the EU Frontier ...
...are not arbitrable,[2] and under Pakistan law, disputes with prima facie evidence of fraud are not arbitrable and must instead be filed before national courts.[3] A court is usually called...
Determining Arbitrability at the Pre-Award Stage: An Analysis of the ...
...judgment has drawn legal ire: First, the Supreme Court’s intervention is seen as an overreach into the arbitral tribunal’s factual domain. Critics argue that the Court’s reinterpretation of the CMRS...
A Case That Travels: DMRC v. DAMEPL and the Universal ...
...national courts and quasi-judicial tribunals in deciding which set of laws should govern the arbitration agreement. However, it is pertinent to note that neither national courts nor tribunals are obligated...
Reinforcing the Position on Governing Law of Arbitration Agreement: An ...
...[was] shocking to the conscience of the court, to say the least.” The appellant then challenged the High Court’s decision before the Supreme Court of India. The appellant’s primary argument...
Ratnam Sudesh Iyer v. Jackie Kakubhai Shroff: The Supreme Court ...
...exclusion of civil courts, to determine its own jurisdiction. Subsequently, the Apex Court in Chatterjee Petrochem Company and Anr. v. Haldia Petrochemicals Limited[12](“Chatterjee Petrochem“), reaffirmed the jurisdiction of civil courts...
Do Indian Courts have the Power to Grant Anti-Arbitration Injunctions?
...the High Courts, mandates that if there is a valid agreement for arbitration, the court shall refer the parties to arbitration, gives the court jurisdiction to enforce foreign awards and...
Seated but Unsettled: Which Law Governs an International Arbitration Seated ...
Author: Aaron J. Crowell Jurisdiction: United States Topics: Arbitrability Court Decisions Jurisdiction and Powers of the Courts in Matters of Arbitration Generally This January the Supreme Court decided Henry Schein...
What did the 2018-2019 Supreme Court Term mean for the ...
...a fund void; the court’s refusal was about who may invoke the ICSID enforcement machinery in UK courts.[18] And, critically, the court’s reasoning accepts that the fund can still be...