Author: Raúl Pereira Fleury* Jurisdiction: International Switzerland Topics: Independence and Impartiality Arbitrators and Arbitral Tribunals On December 22, 2020, the Swiss Federal Supreme Court (the “Supreme Court”) handled its decision...
Search Results for : %Court Decisions"
...analyze the decision in Dhansar Engineering in the context of precedents of the Supreme Court of India and other High Courts. The authors conclude that, based on the peculiar facts...
To Incorporate or Not? Arbitration Clauses in Indian Government and ...
Author: Mansour Vesali Mahmoud* Jurisdiction: International Topics: Sports Arbitration The Court of Arbitration for Sport (“CAS”) has been set up with a view to precluding national courts from intervening...
Proposals to Amend the Code of the Court of Arbitration ...
...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...
Why So Serious? – The Avitel Case – India, Serious ...
...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 ...
...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
...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...