...of Aristotle. Whether it be creating non-statutory grounds of review or refusing to clarify those grounds, both the Supreme Court and the circuit courts have created a patchwork of non-statutory...
Search Results for : non-signatories
...many ‘young’ practitioner groups welcome those aged 40 or under 40, with a few outliers considering those aged 45 and under to be young. Nonetheless, the scope of age inequity...
A 360-Degree, Kaleidoscopic View of Diversity and Inclusion (or Lack ...
Author: Guido Carducci* Published: December 2013 Description: 1. Signatories to arbitration agreements frequently face the risk of noncompliance by one or more of the signatories. This risk is higher in...
Validity of Arbitration Agreements, Court Referral to Arbitration and FAA ...
...Foreign Arbitral Awards is a United Nations convention with 159 parties and 24 signatories. Signatories to the convention pledge to give effect to private agreements to arbitrate and to enforce...
Forum Shopping: The One Belt One Road Initiative
Author: Varun Tyagi* Jurisdictions: India Topics: Competence-Competence Delegation Arbitrability Anti-Arbitration Injunction Introduction Signatories to arbitration agreements often resort to Civil Courts seeking to enjoin their signatories counterparties from initiating or...
The Muddy Waters of Anti-Arbitration Injunctions in India
...Rules, CPR (February 20, 2018) https://www.cpradr.org/news-publications/press-releases/2018-02-20-cpr-incorporates-young-lawyer-rule-into-its-arbitration-rules (last accessed Feb. 6, 2022) [12] CPR Non-Administered Arbitration Rules (2018), https://www.cpradr.org/resource-center/rules/arbitration/non-administered/2018-cpr-non-administered-arbitration-rules; CPR International Non-Administered Arbitration Rules (2018) https://www.cpradr.org/resource-center/rules/arbitration/non-administered/2018-International-Non-Administered-Arbitration-Rules (last accessed Feb. 6, 2022)....
Championing the Junior Arbitration Advocate: What Can Arbitration Learn ...
...cases in which non-monetary relief was sought by the claimants but “practically no information about the fate of the awards granting non-monetary relief was made available.” Therefore, it remained uncertain...
Specific Relief in International Arbitration
...capacious, plain text-based construction that would have far-reaching economic consequences. There seems to be a mismatch between, on the one hand, the apparent simplicity, lack of ambiguity, and non-prominence of...
Empirics-Based Umbrella Clause Interpretation
...Arbitral Tribunal Rights Pertaining to the Conduct of Proceedings Basic Standards of Due Process Hearing Evidence Experts Description: This article explores practical ways of addressing respondents’ non-participation in international arbitration....
Respondents’ Non-Participation in International Arbitration: A Practical Analysis for Claimants ...
...before being ceded to Norway. As of 2015, Norway began implementing a series of measures thwarting non-Norwegian vessels’ commercial activities in Svalbard, thus contravening its obligations under the Treaty of...
Full Protection and Security Standard: A Loophole in Diplomatic Protection ...
...BAA’s mandatory requirements for a valid award; the award exceeded the scope of the arbitration agreement; the award was rendered in the presence of nonfeasance, extortion, or passive corruption; the...
The Brazil-Nigeria Samba: From Partners in Business to Parties in ...
...regard to enforcement of Convention awards, of the judicial resource-conserving doctrine of forum non conveniens, which permits a U.S. court to decline jurisdiction as a matter of discretion when a...