...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...
Search Results for : %Court Decisions"
...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 ...
...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 ...
...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
...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 – ...
...Spain concluded in the 1920s, providing for a general compromissory clause to settle any future dispute by a Permanent Conciliation Commission and—failing an amicable settlement—by recourse to the Permanent Court...
Full Protection and Security Standard: A Loophole in Diplomatic Protection ...
...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...
International Arbitration in Australia – Vol. 1 No. 1
...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...
Beyond Trilogies: Toward a New Bill of Rights and a ...
...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 & ...
...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 – ...
...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, ...
...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...