...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...
Search Results for : %Court Decisions"
...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 ...
...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 ...
...granting security would amount to converting unsecured claims into secured ones. Approving the arbitrator’s reasoning, the Court dismissed the appeal. More recently, in 2022, the Supreme Court in Essar House...
Alleged Financial Distress is Not a Blank Check: India Draws ...
...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 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...
Confidentiality in International Commercial Arbitration: Determining Factor for Safeguarding the ...
...meaning from that point in the past.”[8] Courts should consider “a word’s historical associations acquired from recurrent patterns of past usage.”[9] Lastly, courts should “avoid[], if it may be, any...
The Popular Meaning of “Foreign or International Tribunal” in ...
...[2022] EWCA (Civ) 51, the England and Wales Court of Appeal (“Court”) dealt with the question of which law applies when determining whether a non-signatory is bound by the arbitration...
Which Law Applies When Determining Whether a Non-Signatory is Bound ...
...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...
Assessing the Public Policy Exception and Comparative Perspectives in Enforcing ...
...Reed Appointed as President of the SIAC Court, ArbitralWomen, https://www.arbitralwomen.org/lucy-reed-appointed-as-president-of-the-siac-court/ (last visited Oct. 29, 2021). [41] See Gabrielle Kaufmann-Kohler Takes Office As ICCA President, Lévy Kaufmann-Kohler, https://lk-k.com/developments/gabrielle-kaufmann-kohler-takes-office-as-icca-president/ (last visited Oct....