...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...
Search Results for : %Court Decisions"
...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 ...
...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....
A 360-Degree, Kaleidoscopic View of Diversity and Inclusion (or Lack ...
...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 ...
...[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 ...
...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 ...
...Russian Supreme Court overturned these decisions on public policy grounds, citing Article V(2)(b) of the New York Convention and Articles 234-244 of the Russian Arbitrazh Procedure Code. The Supreme...
Tariffs, Sanctions and Cross-Border Contracts: International Arbitration Lessons from India
...increasing the substantive reference to domestic court decisions, there is an increasing trend to keep not only the reasoning confidential, but the amount awarded as well. However, for all parties...
ARIA Report: “Arbitration in Two Worlds: U.S. and Brazilian Perspectives ...
...Ruling The initial request for enforcement was granted by the first and second-instance courts in Russia. However, the Russian Supreme Court ultimately overturned these decisions on public policy grounds, citing...
Impartiality or Nationalism? Unpacking the Russian Supreme Court’s Ruling and ...
Author: Mohit Mishra*, Bhavik Kaushik* Jurisdiction: India Topics: Agreement to Arbitrate Defects and Invalidity Court Decisions Introduction “It is high time that arbitration clauses are phrased with precision and...
India’s Pathological Arbitration Clauses: Time for a Doctrinal Cure
...others. The approach adopted by the Canadian Superior Court echoed the concern presented by challenging arbitrator appointments at the stage of enforcement. However, the Court of Appeal of Ontario reversed...
Regulating Arbitrator Conduct: Interplay between Independence, Impartiality and Disclosure
...Russia’s stand on sanction-affected arbitrations. While the former tips the scale heavily in favor of Russian courts, the latter puts the petitioner to strict proof for Russian courts to exercise...