...of § 1782 in the U.S. courts a topic of considerable interest among practitioners of international arbitration. In this latter connection, many courts have expressed doubts about whether § 1782...
Search Results for : %Court Decisions"
...role for courts in addressing international disputes. In its fullest form, the doctrine supports two different aspects of that role. First, vesting courts with broad authority to apply foreign law...
Mandatory Rules In Civil Litigation: Status Of The Doctrine Post-Globalization ...
...of any American court, and the treatment in the United States of awards rendered in other Convention countries has been generally satisfactory. Nonetheless, unresolved problems have arisen and persist. There...
Comment on a Proposed New Statute for International Arbitration – ...
...highlighted as never before the shortcomings of litigation (i.e. Court proceedings) and in particular the high cost and inefficiencies involved in going to Court. Partly as the result of the...
Arbitration of International Commercial Disputes Under English Law – Vol. ...
Author: William R. Spiegelberger* Published: July 2015 Jurisdiction: Russia Ukraine Europe Topics: Enforcement of Arbitral Awards Grounds for Refusal of Enforcement Description: I. OVERVIEW In 2014 the Russian courts entertained...
Russia Report: The Enforcement of Foreign Arbitral Awards in 2014 ...
...regarding the nullity or invalidity of an agreement that contains an arbitration clause be heard by an arbitrator, or by a court of ordinary jurisdiction? If a transaction is accomplished...
Relativity of Contracts and Severability of the Arbitration Clause in ...
...where enforcement was denied. This report examines those cases, other lower-court cases of denied enforcement, and all the relevant cases heard by the Supreme Court of the Russian Federation (“SCRF”)...
Russia Report: The Enforcement of Foreign Arbitral Awards in 2017 ...
...alternative to lengthy court proceedings, it is nowadays increasingly being labeled as “offshore litigation.” Users complain about it being “too cumbersome, too expensive, too legalistic” and “too time consuming.” Business...
Mitigating Arbitration’s Flaws? The 2017 ICC Expedited Procedure Rules – ...
Author: Peter Ashford* Published: December 2013 Description: The last few years have seen the seemingly modest point of the governing law of agreements to arbitrate, exercise the English courts. In...
The Law of the Arbitration Agreement: The English Courts Decide? ...
...the technicality of the subject matter of intellectual property. Specialized courts exist in a number of countries and the use of court-appointed experts is common. A facility for using specialized...
The WIPO Arbitration Center and Its Services – Vol. 5 ...
...decade, arbitration, and its international strain in particular, has provided ample fodder for mystifying Supreme Court rulings and rampant divisions among the circuit courts. These divisions, some seemingly irreconcilable, are...
Two to Tango: Domestic Grounds for Vacatur Under the New ...
Authors: Peter C. Thomas* and Edmund C. Burns** Published: December 1993 Jurisdiction: United States Topics: Arbitral Process Judicial Consolidation of Arbitral Proceedings Description: The United States Court of Appeals for...