...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...
Search Results for : %Court Decisions"
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
...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...
Arbitration or Sanctions: Who Survives the Battlefield?
...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
...This type of understanding was followed by the Supreme Court of the United States in the case Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth (1985). In this case, the Supreme Court...
What Should Be the Applicable Law to Arbitration Agreements?
...stand on a rational distinction rather than alluding to law. From the Full Court’s point of view, “an international agreement providing for the establishment of a court responsible for the...
The Unresolved EU Law Question: Reorganizing the Current Status of ...
...award.[6] The above cases[7] show that the risk of interference by local courts could exist in every jurisdiction. Also, irrespective of the seat, there could be some variance in decisions...
A Case for Diversity in the Seat of Arbitration
...competence, to the complete exclusion of Civil Courts, to determine its own jurisdiction. In World Sport Group (Mauritius) Ltd. v. MSM Satellite,[6] the Court established and affirmed the Civil Court’s...
The Muddy Waters of Anti-Arbitration Injunctions in India
...information redacted and in what types of decisions the institutions consider important to publish. Most focus on final awards, but one institution has chosen to publish only decisions on challenges...
Publication of International Arbitration Awards and Decisions – Vol. 25 ...
...are therefore enforceable regardless of recognition by a court. The Superior Court of Justice (“STJ”) is the court with jurisdiction to recognize foreign arbitral awards. It may not delve into...
The Brazil-Nigeria Samba: From Partners in Business to Parties in ...
...the Indian courts (“Courts”) have largely adopted a policy of non-interference in the enforcement of foreign arbitral awards except on the limited grounds provided in the Arbitration and Conciliation Act,...
To Do or Not To Do: The Financial Disclosure of ...
...for the Supreme Court’s decision in August 2021, wherein it affirmed the validity of emergency arbitration in India.[2] The Supreme Court’s decision to recognise Emergency Arbitration in India has been...