...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...
Search Results for : %Court Decisions"
...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
...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 ...
...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 ...
...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, ...
...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
...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 ...
...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 ...
...to transcend to micromanage the proceeding once it commences. The funded party has already its own lawyer who is familiar with the facts underlying the dispute. Substituting the funder’s decisions...
Negotiating Funding Arrangements: Trick or Treat
Author: Alain Carrier** Published: January 1993 Topics: Arbitrators and Arbitral Tribunals Costs and Damages Court Decisions Recourse Against Award Generally Practice and Procedure Preliminary Questions/Referee Description: Unlike courts of law...
Challenges to Interim Jurisdictional Awards in Local Courts: The Power ...
...the courts. The question has reached federal appellate courts and been addressed at that level only twice – in the Baker Marine and TermoRio cases. The issue has not had...
Annulled Awards in the U.S. Courts: How Primary is “Primary ...
Author: Hans Smit* Published: December 1997 Topics: Court Decisions Recourse Against Award Generally Description: No one reading Professor Rau’s most elegant presentation of the arguments for his view can avoid...