Author: Hans Smit** Published: December 2005 Jurisdiction: New York Topics: Arbitral Awards Court Decisions Review on the Merits Description: I. INTRODUCTION Following my critical comments on the decision of the...
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...Holding that the said application was rightly rejected by the High Court on the ground of absence of an arbitration clause in the sub-contract, the Court observed that the arbitration...
A Cautious Acceptance of Incorporation of Arbitration Clause by General ...
Senior Arbitration Board Alexander G. Fessas is the Secretary General of the ICC International Court of Arbitration. Prior to joining the ICC Court, he practised as counsel out of Athens...
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...Arbitrate Enforceability of Arbitration Agreements Court Decisions Contractual Expansion or Limitation of Judicial Review Judicial Confirmation of Award International Character of Dispute Jurisdiction and Powers of the Courts in Matters...
The Role of Tribunals and Courts in Preserving the Rule ...
...able to have an order of specific performance awarded against the defendant (a South African company), the England and Wales High Court (Commercial Court) even sought an undertaking from the...
Specific Relief in International Arbitration
...Obtaining an anti-suit injunction by a court is a powerful means to put pressure on the defaulting signatory and avoid the commencement or continuation of proceedings before another court, in...
Validity of Arbitration Agreements, Court Referral to Arbitration and FAA ...
...commercial courts in matters involving a sanctioned Russian entity. These sanctioned parties can also seek anti-suit injunctions against foreign courts or arbitral tribunals, rendering sole jurisdiction to the Russian courts....
Imposition of Economic Sanctions: An Embargo on International Commercial Arbitration?
...Swedish Supreme Court has just ruled that, under Swedish law, awards of arbitrators’ fees are judicially reviewable, regardless of whether they are assessed by the arbitrator or the institution administering...
Judicial Review of Arbitrators’ Fees: Case No. Ö 4227-06 of ...
...claims.”) [8] Notwithstanding the rulings by Brazilian and U.S. courts, in decisions issued on September 29, 2018 and May 26, 2021, the Rotterdam District Court held that it has jurisdiction...
Overview of Securities Arbitration in Brazil: Challenges and Developments
...heading of this Comment. Regrettably, although Justice Breyer, writing for the whole Court, addressed the problems he discussed with a literary muscularity and directness too rarely found in Supreme Court...
The Arbitration Clause: Who Determines its Validity and its Personal ...
...matter in hand. The Supreme Court, however, declined to grant certiorari to Bridas I. Instead, in November 2010, the UK Supreme Court handed down a judgment on exactly that issue....
The UK Supreme Court Misses the Point: Estoppel Applies Without ...
...particular judgment in question was rendered by a court at the seat of the arbitration (a “primary jurisdiction” court) or by a court in any other country (a “secondary jurisdiction”...