...give the term ‘commercial’ a broad and liberal meaning. The Gujarat High Court in Union of India v. Owner & Parties Interested in Motor Vessel M/V. Hoegh Orchid, Bhavnagar and...
Author: Emilia Onyema** Published: October 2003 Jurisdiction: International Topics: Commercial Disputes Dispute Resolution and Litigation ADR Mediation Parties New York Convention Description: There has been a lot of debate and...
...betrays the parties’ conscious choice to opt-out of judicial oversight and in preference for a private, expeditious, and final dispute-resolution mechanism with limited scope for judicial review. The vague “exceptional...
...of federal courts in enforcing international arbitral awards. The issue in Baxter was whether a federal court should enforce the terms of an arbitral award which potentially mandates the parties...
Author: Kabir Duggal* Published: November 2017 Jurisdiction: International Topics: Categories of Disputes Investment Disputes States as Parties Practice and Procedure Evidence Experts Arbitrators and Arbitral Tribunals Discovery Other International Institutions...
...the date of the Code of Christian the Fifth. It has never been a subject of doubt that parties were free to settle their disputes through the intermediary of persons...
...mandatory dispute resolution mechanisms to address conflicts between ECT parties in these areas. As no reservations to the ECT are permissible, all ECT parties are required to accept binding third-party...
...to present such evidence in support of its case. Second, reasonable access to such information must be provided to the adjudicating body and the other disputing parties. Third, from a...
Author: S. I. Strong* Published: July 2010 Jurisdiction: International Topics: Commercial Disputes Advocacy Written Proceedings Description: I. INTRODUCTION International commercial arbitration is an advocacy-oriented endeavor, with parties engaging particular lawyers...
...Hercules Steel Co., (“B.L. Harbert”), the U.S. Court of Appeals for the Eleventh Circuit recently ruled that parties appealing decisions that confirm arbitral awards can be sanctioned for undermining the...
Author: Chul-Gyoo Park* Published: June 2006 Jurisdictions: Korea United States Topics: Commercial Disputes Dispute Resolution and Litigation ADR Mediation AAA Description: I. INTRODUCTION Parties who face a dispute and intend...
...create a brand new dispute settlement mechanism for parties from OBOR countries, and to better facilitate the resolution of cross-border disputes arising from businesses carried out under OBOR.[9] Recently, words...
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