...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...
Search Results for : %Court Decisions"
...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 ...
...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 ...
...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
...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 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 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,...