...in need of revision. Moreover, no commentator, as far as the author is aware, has endeavored to examine the aggregate body of published Russian court decisions that have enforced or...
Search Results for : %Court Decisions"
...will increase before commercial courts worldwide. Parties may agree to employ commercial arbitration to extract these subjects from the public eye.[1] It is not unlikely for shareholders to add arbitration...
The Perils of Intra-Corporate Arbitration for ESG Disputes
Author: George A. Bermann** Published: December 2017 Jurisdiction: United States Topics: Court Decisions Enforceability Grounds for Refusal of Enforcement Jurisdiction and Powers of the Courts in Matters of Arbitration Generally...
The Role of National Courts at the Threshold of Arbitration* ...
...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 ...
...of Goods by Sea Act. Did the Supreme Court, and the lower courts, overlook material facts when deciding Sky Reefer? Have recent decisions tended to obfuscate the law in the...
Clarifying Foreign Arbitration in the Carriage of Goods by Sea ...
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...
Contractual Modification of the Scope of Judicial Review of Arbitral ...
...York Does A “Silent” Arbitration Clause Preclude A Class Action? The Supreme Court’s View Hans Smit AT&T Mobility v. Concepcion: Can Class Actions Be Brought In Arbitration? Hans Smit A...
Volume 20: Issue 4 (December 2010)
Authors: Rona G. Shamoon* and Irene M. TenCate** Published: October 2003 Jurisdiction: United States Topics: Court Decisions Judicial Consolidation of Arbitral Proceedings Parties Multiple Parties Description: This article examines the...
Absence of Consent Trumps Arbitral Economy: Consolidation of Arbitrations Under ...
Author: Joseph D. Becker** Published: January 1996 Jurisdiction: United States Topics: Agreement to Arbitrate Enforceability of Arbitration Agreements Jurisdiction and Powers of the Courts in Matters of Arbitration Generally Description:...
Federal Question Jurisdiction to Enforce Arbitration Agreements* – Vol. 7 ...
...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
...that courts and commentators have offered. Part Four will expand on the alternate proposal offered above and address possible criticisms. Download Full PDF *Arbitral & Judicial Decisions **J.D. Candidate, Columbia...
The Italian Arbitrato Irrrituale and its Enforceability under the New ...
...subject arbitral decisions to judicial review. “Arbitration,” a lawyer is often heard to say, “is good—until I lose. When that happens, I don’t think twice about going to court.” It...