...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...
Search Results for : %Court Decisions"
...placed to assist the Court.[4] The Commercial Court Guide actively encourages the participation of junior advocates in proceedings before the English Commercial Court and provides examples of when a junior...
Championing the Junior Arbitration Advocate: What Can Arbitration Learn ...
...de Comercio’s implementation. Whether the Mexican court ultimately treats the findings as preclusive remains a question for the Mexican court. Thearbitrator’s job is to give the Mexican court what it...
Dépeçage in International Commercial Arbitration
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...
Beware of What You Tweet – Social Media and the ...
Author: Aditya Marwah* Jurisdictions: India Topics: Party Autonomy Damages in Arbitration Jurisdiction and Powers of the Courts in Matters of Arbitration Generally Arbitration Awards The Supreme Court of India has...
Pendente Lite Interest and Future Interest Cannot be Awarded by ...
...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...
The Expanded Powers of UK Courts in London-Seated Arbitration Agreements: ...
...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 ...
...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 ...
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 ...
...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’ ...
...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 ...
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...