…answered in the affirmative by the United States District Court for the District of Delaware and by the United States Court of Appeals for the Third Circuit in Delaware Coalition…
…Kong’s Court of Appeal in a subsequent decision. Meanwhile, the Court of Appeal of the Supreme Court of Victoria, Australia, had considered, but rejected, the Hong Kong approach of awarding…
…of the Higher Regional Court of Frankfurt, decision of 17 February 2011, discussed in the book, 231 et seqq.). In view of finding the right balance for document production, arbitrators…
…State A’s view on what ‘fair and equitable’ means in order to try and at least somehow shape the law that will apply when its ‘day in court’ comes? The…
1. Introduction There is no precise information as to when the Arbitration Court attached to the Foreign Chamber of Commerce of Bosnia and Herzegovina was established (Arbitration Court). There is…
…in the proceedings [Judgment of the Supreme Court of Georgia (case no.: ა-2344-შ-67-2014), dated 22 October 2014] have been some of the examples of the courts’ broad interpretation of public…
Any discussion on the Indian Arbitration and Conciliation Act, 1996 (the “Act“) is incomplete without a reference to the scope of judicial interference introduced by the Supreme Court of India…
In January 2015, a new arbitration institution, under somewhat ambiguous name of the Civil Arbitration Court (“Parnični arbitražni sud”) [“CAC”], was established. The program and rules provided by the CAC…
…court . . . nor in any arbitral tribunal.” Since then, a number of arbitral tribunals have been confronted with allegations of corruption, deciding either that such conduct was not…
…the International Commercial Arbitration Court (ICAC) at Russian Chamber of Commerce and Industry, the parties (a Latvian and a Russian company) reached a settlement agreement and asked the arbitral tribunal…
…Arbitration (the “IBA Guidelines”) and the 2014 Arbitration Rules of the London Court of International Arbitration (the “LCIA Rules”) and their Annex, namely that they place on arbitrators responsibilities for…
…for appointment of arbitrators involving a party that is a State or State entity much more rapid and efficient, such as Article 13(4), which allows the Court to bypass National…
Following a recent announcement of the London Court of International Arbitration (LCIA) (see https://www.lcia.org//News/difc-lcia-arbitration-centre-relaunched-today.aspx), its Dubai-based sister organisation, the Dubai International Financial Centre (DIFC)-LCIA Arbitration Centre, re-launched its operations from…
…conventional wisdom that investor-state dispute settlement, or ISDS, is in need of court-like transparency, arguing that extending court-like transparency to arbitration “would not benefit the arbitration process or the disputing…
…July 2015, Croatia’s Constitutional Court annulled the corruption conviction against Mr. Sanader citing procedural errors, and ordered the retrial. In September 2015, the Croatian court started a retrial of former…
…example, Decision of the Lisbon Court of Appeal, 30.09.2014, in the proceedings no. 512/14.9YRLSB-A-7). However, the Portuguese Constitutional Court has ruled in one case that such deadline would be contrary…
…and significantly decrease countries’ reliability among investors. This post analyzes the newest case law of the Supreme Court of Lithuania (“SCL”) on the application of public policy. In the last…
…in the original; original references omitted) This being said, it is apparent from the text of the ruling of the Austrian Supreme Court that even though the Court itself –…
…to legislation which the domestic court would be bound to apply), or suing in other court systems (where the investor would then have to contend with the state immunity defence,…
…of the parties to the arbitration has its central business and management outside India. This amendment affirms the ruling of the Supreme Court in TDM Infrastructure and affords primacy to…
…to the court, a decision by the German court has no immediate legal effect on arbitration proceedings seated in Germany. In fact, an arbitral tribunal seated in Germany is arguably…
…As discussed previously here, mediation, as another “alternative” to court litigation, may offer a useful foundation on which to build an arbitration regulatory scheme. The International Mediation Institute, or IMI…
…possible to file a cassation appeal with the Supreme Court of the Republic of Poland (art. 1208 § 1 CCP, as amended by the art. 1 point 18) letters a)…
…unjust enrichment, including recovery of the paid purchase price (Decrees of the RF Supreme Court of 09.04.2015 No. 305 ES15 1789 and of the Commercial Court of Moscow District of…
