...underlying interpretation of the term “investment” and remitted the case to the court of first instance in a 2018 decision. This time around, the Paris Court of Appeal referred the...
Search Results for : %Court Decisions"
...courts are empowered to set aside arbitral awards on limited, enumerated grounds. Traditionally, Indian courts have been reluctant to exercise any power of “modification” akin to the broad corrective powers...
Severability and Slippage: Rethinking Judicial Modification in Gayatri Balasamy
...Convention, 1948 (No. 87)?” THE COURT’S ADVISORY OPINION The Court unanimously resolved that it could respond to the question posed because (1) the ILO had been duly authorized by...
International Labor Organization (ILO): Right to Strike
...court decisions.[16] First, three decisions interpreting the CPC reasons requirement rendered by Branch 36 of the Civil Court of Tehran will be discussed. All three decisions relate to domestic arbitral...
Reasoned Arbitral Awards: An Iranian Perspective
...to the Ninth Circuit. On August 1, 2023, the Ninth Circuit overturned the District Court’s decisions, concluding that the District Court had mistakenly determined that personal jurisdiction over a foreign...
Devas-Antrix Saga: A New Hope – Amici Curiae Brief
...ratifying the New York Convention, had waived its state immunity from jurisdiction of Australian courts that were enforcing a foreign arbitral award.[3] THE HIGH COURT’S DECISION The High Court...
Sovereign Immunity
...that decisions of the court have no binding force apart from the matters dealt in that particular case. The WTO also has no formal doctrine of precedent; however, it can...
The Viability of Precedents in Arbitration
...of play. Thus, while the competition unfolds on the pitch, many of its most consequential decisions are made away from it. The Court of Arbitration for Sport (CAS), through its...
The 48 Hours That Can Change the World Cup: Emergency ...
...were repeatedly denied both by the ICC Court and by the Singapore courts. In February 2025, the ICC Court decided that the Mr. Yeap’s failure to disclose the prior arbitration...
Disclosure Requirements in Arbitral Appointments
...enactment of the Mediation Act of 2023, recent court decisions involving challenges to arbitration awards, as well as other challenges posed by the government’s own experiences, the Guidelines apply to...
The Way Forward: An Analysis of India’s New Guidelines for ...
...two arbitrations seated in Belgium.[14] APPEALING THE ICC COURT’S DECISIONS ON ARBITRATOR CHALLENGES: ARTICLE 43 AND LEX ARBITRI The new Article 43 extends its scope to “any claims arising out...
Dispute Resolution Clause in the ICC Rules 2021: An Innovative ...
...that it was “strongly arguable” for it to be Russian law. It was held that Moscow courts were the appropriate court to hear the case. Enka appealed this decision to...