...court. Litigation in a “neutral” court may be a possibility, but this raises questions of the ability to enforce the resulting judgment. Indeed, difficulties with the international enforcement of judgments...
Search Results for : %Court Decisions"
...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 – ...
...person and shall be served in the same manner as subpoenas to appear and testify before the court; if any person or persons so summoned to testify shall refuse or...
Obtaining Evidence From Non-Parties In International Arbitration In The United States – ...
...aims to reduce frivolous lawsuits and enhance procedural transparency. Jurisdiction is centralized in provincial-level intermediate courts and specialized tribunals, such as maritime and financial courts, to consolidate expertise and minimize...
China’s Procedural Innovations in State Immunity: A Comprehensive Analysis of ...
...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
...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 ...
...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?
...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: 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...
“Arbitracide”: The Story of Anti-Arbitration Sentiment in the U.S. Congress ...
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
Author: Peter C. Thomas* Published: December 1990 Description: In a case of “apparent first impression,” a New York state court recently decided in Bidermann that a motion to disqualify a...