...controlled manner. The Supreme Court in Modi Entertainment Network v. W.S.G. Cricket[16] enumerated and exhaustively discussed the circumstances would merit the grant of an anti-arbitration injunction. The Calcutta High Court...
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...parties.[11] In line with the UNCITRAL Model law and other arbitration rules, the new Italian law has crystallised the duty of arbitrators to be independent and impartial and has also...
The Recent Amendment of Italy’s Arbitration Law and the Ongoing ...
...pertinent to our discussion. The negative effect of compétence-compétence is best described by Prof. Gaillard and John Savage as “allow[ing] the arbitrators to be not the sole judges, but the...
Between Scylla and Charybdis: Should Negative Jurisdictional Decisions by the ...
...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...
Interim Measures in International Arbitration: The Case for Applying High ...
...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...
Songs of Innocence and Experience: Ten Years of Emergency Arbitration ...
...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...
The Way Forward: An Analysis of India’s New Guidelines for ...
...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...
Arbitration Clauses in Public Company Charters: An Expansion of the ...
...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...
Is Arbitration Losing Ground?* – Vol. 14 No. 3
...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...
The Expanded Powers of UK Courts in London-Seated Arbitration Agreements: ...
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...
Protocols for International Arbitrators Who Dare to Settle Cases – ...
...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...
Med-Arb in International Arbitration* – Vol. 8 No. 1
...conduct.[17] Objective Criteria for Fulfillment Enforceable clauses typically provide objective criteria to determine when pre-arbitration obligations have been satisfied. Without such criteria, courts may find clauses too uncertain to enforce....