...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"
...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 ...
...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
...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...
Arbitration or Sanctions: Who Survives the Battlefield?
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
...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 ...
...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
...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
...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 ...
...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...