...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...
Search Results for : %Court Decisions"
...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
...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 ...
...response to the backlog of court cases, noting that these arbitrations are heard mostly be retired judges of the High Courts or the Indian Supreme Court who have been described...
TagTime with Dr Stephan Wilske – The Phenomenon of the ...
...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...
Amazon v. Future Retail: (Re)Assessing India’s Tryst With the Group ...
...the act before the courts shall be heard otherwise than in open courts, on the application of any party to the proceedings. Further, when such disputes are before the courts,...
Confidentiality Concerns in Arbitration Disputes: Implementation of Confidentiality in Courts ...
...The Court held that private adjudicatory bodies do not fall under Section 1782.[10] The Court reasoned that “[o]nly a governmental or intergovernmental adjudicative body constitutes a ‘foreign or international tribunal’”[11]...
A Pathway to Obtaining Discovery in the United States in ...
...Disputes. He regularly appears before the Supreme Court of India, various High Courts, statutory Tribunals, and Arbitral Tribunals. [1] NN Global Mercantile Pvt. Ltd. v. Indo Unique Flame Ltd....
Setting the Clock Back: Judicial Interference in the Appointment of ...
...the existence of a trend towards transparency in certain types of arbitrations, the fact that the law on exceptions to confidentiality is still developing in the decisions of the courts,...
The Recent Amendment of Italy’s Arbitration Law and the Ongoing ...
...states courts as well as arbitral proceedings.[28] Such observation is shared by an Illinois federal court in Legaspy v. FINRA, the first U.S. court case addressing remote hearings: the applicant’s...
Is it appropriate to conduct a remote hearing under the ...
Authors: David W. Rivkin and Eric P. Tuchmann** Published: December 2008 Jurisdiction: United States Topics: Enforcement of Arbitral Awards Enforceability FAA Description: In the Supreme Court’s recent decisions regarding the...