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...understood in common law jurisdictions—is incompatible with international arbitration, given the difficulties that a creditor could face in enforcing a monetary award.[6] The Need for Applying High Standards While...
...assets or evidence, or seek other provisional relief until a tribunal had been established in a particular case – a process that, in the best of circumstances, took weeks after...
...use of indemnities. Litigants must encourage lawyers to think creatively and utilise the underdeveloped tort law in Indian jurisprudence. The increased volume of commercial litigation will also create a demand...
...School E. B. Convers Prize for the best essay on an original legal subject. The author is grateful to Professor Hans Smit of Columbia Law School for his guidance and...
...in the wrong, was ruled against in the arbitration. That party’s unhappiness is then not justified. On other occasions, dissatisfaction may well be justified. The best evidence of this is...
...flexibility is likely to attract critics. ENKA’S BENEFIT OF CERTAINTY Despite the concerns about Enka narrowing the scope of the law, the decision arguably offers future courts multiple areas of...
Author: Harold I. Abramson* Published: March 1999 Jurisdiction: International Topics: Responsibility of Arbitrators Settlement Dispute Resolution and Litigation Mediation Description: The best time to settle an international business dispute can...
...primarily to overcome the dangers and problems related to international litigation. It is submitted that a combination of these processes should be aimed for in order to achieve the best...
...at a safe distance from dispute resolution on a class-wide basis. By all accounts, the trilogy’s chief beneficiaries are those economic actors best capable of protecting their own interests in...
...number of leading academics and practitioners to consider whether the notion of mandatory rules of law has a place in international arbitration and, if so, how it might best be...
...it might even mean that arbitrators could be held criminally liable for negligence for overlooking the criminal activity. Mr. Khvalei discussed a well-known case where the award was set aside...
...the issue and to suggest an approach that tribunals might follow to satisfy themselves – as best they can – that the procedure they adopt and the award(s) they issue...
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