...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...
Search Results for : Parties
...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...
The Treatment of Confidential Information in WTO Dispute Settlement Proceedings ...
...arbitral or Court proceedings. Insolvency proceedings cannot be initiated against an operational creditor if there is a pre-existing dispute between the parties.[11] As per the Supreme Court’s ruling in the...
To Do or Not To Do: The Financial Disclosure of ...
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...
Evidentiary Principles in Investor-State Arbitration – Vol. 28 No. 1
...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...
Opposing Confirmation of International Arbitration Awards: Is it Worth the ...
...Federal Arbitration Act (“FAA”) § 10.2 Manifest disregard of the law soon became the weapon of choice for disgruntled parties to confound the federal policy favoring arbitration and erect pro...
The Assault on Judicial Deference – Vol. 23 No. 3-4
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...
A Comparative Analysis of Arbitral Institutions and Their Achievements in ...
...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...
Recent Developments In China’s Cross-border Dispute Resolution Under the “Belt ...
...devised. Critical to this enterprise was an effective system for resolving commercial disputes between private parties, between private parties and branches of the state, and between newly independent republics —...
A Survey of Recent Legislation Concerning the Russian Arbitration Court ...
...Applicable Law Responsibility of the Parties Description; This paper undertakes a critical analysis of recent developments in Singapore and England on the subject of determining what law governs the substantive...
Resolving the Difficulties of Determining What Law Governs the Validity ...
...their solution suggests applying the harshest damages on the State resembling punitive damages, which are excluded in international law because a legal solution cannot benefit one of the parties (¶...
Telling Compensable Damages Apart: Addressing Entitlement to Losses of Future ...
...consider the recent acts as a fundamental change in circumstances of the cooperative spirit of goodwill and friendship that constituted an “essential basis of the consent of the parties” to...