...questions of fraud and malpractice, it was more fit to be decided by a trial in court.[3] In making its decision, the Supreme Court relied upon an earlier decision in...
Search Results for : %Court Decisions"
...four weeks before initiating arbitration. The court enforced the clause because it was complete and certain in that it required “fair, honest and genuine discussion.”[32] The Court cautioned against conflating...
Whether Contractual Preconditions to Arbitration should be regarded as ‘Impediments’ ...
Author: Anna Conley* Published: October 2007 Jurisdiction: United States Topics: Court Decisions Judicial Assistance in Procedural Matters Practice and Procedure Discovery Evidence Description: I. INTRODUCTION Prior to 2004, federal courts...
A New World of Discovery: The Ramifications of Two Recent ...
...used materials kindly provided by speakers of the webinar devoted to compensating damages by suing Russia in Ukrainian courts and enforcing their decisions abroad to complement our research, and we...
How Can Ukrainian Judgments Recovering War-Related Damages From Russia Be ...
...to govern commercial activity. OHADA’s Common Court of Justice in Arbitration (“CCJA”), seated in the Côte d’Ivoire, functions as a supranational Supreme Court, tasked with ensuring the common interpretation and...
TagTime with Yemi Candide-Johnson SAN – Intra-Africa trade and the ...
...the term ‘commercial’ in line with the UNCITRAL Model Law, as many courts, including the Supreme Court of India have. The pronouncements of the Supreme Court of India leave no...
Is the New York Convention Applicable for the Enforcement of ...
...arbitrability arguments to arbitrators and considered it as a frolic detour.[7] The supplier subsequently petitioned for certiorari from the Supreme Court and the court granted it. The Supreme Court...
TagTime with Dr. Julie Bédard*** – Who Decides: Courts or ...
...state legislations and observing the court decisions, it can be firmly ascertained “whether the principle of confidentiality is a right of parties or not?’ “RULE OF CONFIDENTIALITY”: A RIGHT...
Confidentiality in International Commercial Arbitration: Determining Factor for Safeguarding the ...
...and the level of deference given to arbitrator decisions in competition law disputes, comparing the minimalist and maximalist perspectives. Finally, Section VI argues that courts must balance enforcing mandatory rules...
Harmonizing Arbitration and Competition Law Disputes: Pursuing Consistency In Adjudication
...clauses is evident from the wavering stance taken by different US courts. A careful analysis of the relevant judicial decisions reveals the considerations that are necessary to determine whether a...
Unilateral Arbitrator Appointments in the US – A tussle between ...
...Gallery, Inc. v. Bauman[6] shows the inconsistency between the courts and market by demonstrating the influence of the experts regardless of the court’s decision. Although the court ruled that the...
Art Disputes and the Court of Arbitration for Art: Evolution ...
...and increased laissez-faire system.[10] In Renusagar Power Co. Ltd. v. General Electric Co.,[11] the Supreme Court considered public policy in international arbitration. The Supreme Court considered the difference between public...