Author: Alan Scott Rau* Published: August 2012 Description: I. MONDE RE AND FORUM NON CONVENIENS Precisely what is a federal court expected to do when asked to enforce a foreign...
Search Results for : %Court Decisions"
...it was provided for in contracts between international business enterprises, the creative efforts of the ICC International Court of Arbitration in Paris have made it a reality. If left to...
Fast-Track Arbitration – Vol. 2 No. 2
...that was to include “detailed findings of fact and conclusions of law;” the federal district court for the Northern District of California could then: vacate, modify or correct any award...
Contracting Out of the Arbitration Act – Vol. 8 No. ...
...but only for the proceedings before the Court itself, not for the proceedings before the arbitral tribunals. This situation changed as the result of amendments to the ICC Rules and...
Confidentiality Articles 73 to 76 – Vol. 9 No. 1-4
...however, has not prevented the European Court of Justice (“ECJ”) from developing several protective mechanisms to ensure that the national courts adequately account for EU law. 2. European legislation on...
Spillovers of European Consumer Law: Validity of Arbitration Agreements and ...
...by an ICC panel in London under New York law and its judicial recognition by a Polish court, in proceedings before a federal court sitting in diversity in New York....
Preclusive Effects of an International Arbitral Award* – Vol. 15 ...
...doctrine to arbitration. I. DEVELOPMENT OF THE DOCTRINE In Eastern Railroad Presidents Conference v. Noerr Motor Freight, Inc., the United States Supreme Court held that competing railroads had not violated...
A Question of Fairness: Should Noerr-Pennington Immunity Extend to Conduct ...
...Award Before the English Court Hon. Anthony Diamond, QC and V.V. Veeder, Q.C. The New Rules of the London Court of International Arbitration (LCIA) Adrian Winstanley, BSc Confirming An Amended...
Volume 8: Issue 1 (February 1997)
...of federal courts in enforcing international arbitral awards. The issue in Baxter was whether a federal court should enforce the terms of an arbitral award which potentially mandates the parties...
Judicial Deference to the Authority of Arbitrators to Interpret and ...
Author: Brooks W. Daly* Published: December, 2019 Jurisdiction: International Topics: Investment Disputes Description: I. THE PERMANENT COURT OF ARBITRATION AND INVESTOR-STATE DISPUTE SETTLEMENT The Permanent Court of Arbitration (“PCA”) is...
Balancing Private Equity Rights and Public Order in Investor-State Arbitration: ...
...mining is banned. Although the Colombia Constitutional Court declared Law 1382 unconstitutional, in 2011, Law 1450 reenacted Law 1382’s mining ban. In 2015, Colombia passed Law 1753 to establish exceptions...
Implications of Conflicting Governmental Priorities and Treaty Language in Eco ...
...discussions on this subject, it first must be mentioned that, as in the United States, it took time before the courts in European countries even accepted that arbitral tribunals could...