Author: Thomas E. Carbonneau* Published: January 2009 Jurisdiction: United States Topics: Authority of the Arbitral Tribunal Arbitrators and Arbitral Tribunals Arbitral Awards Description: I. INTRODUCTION: THE U.S. SUPREME COURT AND...
Search Results for : %Court Decisions"
Published: July 1997 Jurisdiction: United States Topics: Judicial Assistance in Procedural Matters Discovery Description: This above comment had already gone to press, when the United States Court of Appeals for...
Postscriptum – Vol. 8 No. 2
...Court of Arbitration (the “Court”) herein discussed have been described as the first examples of “fast-track” procedure on the international arbitration scene. To this participant, at least, they could more...
Fast-Track on the International Scene – Vol. 2 No. 2
Author: Hans Smit** Published: December 2008 Topics: Contractual Expansion or Limitation of Judicial Review Description: I. INTRODUCTION The Supreme Court has now resolved the split in the lower courts on...
Hall Street Associates v. Mattel: A Critical Comment* – Vol. ...
...applicable law. The U.S. Supreme Court has granted certiorari. This article argues that both the district court and the Second Circuit erred in basing their decision on the doctrine of...
Class Actions in International Arbitration: Applicable Rules and Law – ...
...complex scenarios. A 2019 Swiss Federal Supreme Court decision in the Electronic electricity meters case highlighted how the CISG interacts with public procurement laws. The court applied the CISG to...
Government Contracts and the CISG: Frenemies?
...from various Supreme Court judgments over the decades. The Supreme Court has been liberally interpreting the Constitution and applicable laws, to ensure that parties and citizens at large, get access...
Third Party Funding In Arbitration In India
...the court; if any person so summoned to testify shall refuse or neglect to obey said summons, upon petition the United States district court for the district in which such...
Nationwide Arbitration Subpoenas Under the United States Arbitration Act – ...
...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
...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 & ...
...court must decline to hear a dispute over the validity of an arbitration agreement unless “the arbitration agreement is manifestly void or manifestly not applicable.” Similarly, India’s Supreme Court has...
Bitter Tiers: BG Group and the Future of Multi-Tiered International Arbitration ...
...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....