The Scrutiny of an Award: The Bulgarian Arbitral Institutions’ Perspective
…their rules. One notable exception is Art. 37, Para. 4 of the Rules of the Court of Arbitration at the Bulgarian Chamber of Commerce and Industry (Court of Arbitration at…
Search Results for: supreme arbitrazh court
The Peculiar Case of Arbitration in Bosnia and Herzegovina
…composition of an arbitral tribunal, the challenge of arbitrators, court involvement in the procedure, limited procedural aspects, and rendering and setting aside the arbitral award. At the time when the…
Eleven Months without Jurisdiction to Decide on the Invalidity of a Contract
…probably overseen that section 2 of art. 12 of the Civil Code specifically mentions that “[…] court, economic court or arbitration tribunal (hereinafter – court) may reject a person to…
Arbitration, Arbitration institution, Arbitration Institutions and Rules, Arbitration Proceedings, Ex Aequo Et Bono
Back To The Roots of Arbitration
…any more efficient than state court proceedings in trusted jurisdictions. Some of this criticism might likewise result from a certain degree of romanticization. There have been very lengthy and costly…
Does The New Amparo Law Threatens Arbitration In Mexico?
…such as court review of laws, as for its constitutionality and legality; review of administrative actions; review of court decisions; and protection of agrarian rights. The ins and outs and…
The Use of Alternative Dispute Resolution in Art Related Disputes
…a national court may of course be entirely appropriate in certain circumstances. For example, a court judgment will be preferable if a party seeks to establish a public legal precedent…
Launch of Young International Arbitration Practitioners of New York
…This position follows several rulings of the United States Supreme Court promoting a federal policy in favor of arbitration as an alternative mode of dispute resolution. See, e.g., AT&T Mobility…
Arbitration, Arbitration Proceedings, Asia, Costs, Costs in arbitral proceedings, Enforcement, HKIAC Rules, International arbitration, Russia
Russian Interest in Asia: Dispute Resolution Beyond the Sanctions
…economies and serving as Asia’s commercial, financial and trading centre. Importantly, in the words of Justice Hambeln of the English commercial court, Hong Kong is not only “geographically convenient”, but…
Arbitrability, Arbitration, Commercial Arbitration, Corporate disputes, Investment Arbitration, Russia, Uncategorized
The Reform of the Russian Arbitration Law: The Arbitrability of Corporate Disputes
…provided by law. However, there is no such restriction provided. In some cases, such as Novolipetsk Still Mill (NLMK) v. Nikolay Maksimov (Decrees of the RF Supreme Court of 09.04.2015…
Digging Up the Past: Can Greece Handle Another PSI Challenge?
…the state act that retrospectively adopted them. The court did not find violations of Article 1 of the Protocol to the ECHR either. ICSID arbitrators also proved kind to the…
Arbitration, Arbitration Proceedings, Arbitrator's Fees, Set aside an arbitral award, Set aside an international arbitral award, Sweden
Time to Upgrade: Review of the Swedish Arbitration Act
…rules, so that set aside proceedings would be primarily in writing, and exclusively decided by the Svea Court of Appeal, which is the court that already decides the vast majority…
Competition Between Arbitral Institutions in China – Fighting for a Better System?
…Supreme People’s Court on Several Issues Concerning the Confirmation of the Validity of Arbitration Agreements (Fa Shi [1998] No 27), article 3. Since the Supreme Court has now confirmed the…
The Contents of Journal of International Arbitration, Volume 32, Issue 5, 2015
…the courts is whether to stay court proceedings in aid of arbitration. This article considers the basis of a court’s power to grant such an order. In doing so, the…
Has Brazil Fully Embraced the Provisions of the New York Convention of 1958? Is it an Arbitration-Friendly Jurisdiction?
…the Superior Tribunal de Justiça (“Superior Court of Justice” or “SCJ”), which has exclusive jurisdiction to decide such applications. The multi-tiered process adopted by Brazilian law has the disadvantage of…
It’s Asia, Stupid! The Race Between the EU and the US for Concluding Free Trade Agreements in Asia
…an advisory opinion from the Court of Justice of the European Union (CJEU) asking whether this treaty can be signed and ratified by the EU alone or whether it is…
The Challenge of Sanctions for Arbitral Participants
…setting aside an arbitral award is contradiction of a state’s public policy. Similarly, Article V(2)(b) of the New York Convention allows a court to refuse enforcement of an award on…
Lifting of Iran Sanctions: A Time for Cautious Optimism? Background to the Iran Sanctions Legislation
…in 2014, the Swiss Supreme Court did not hesitate to enforce the arbitral award of the Iranian Arbitration Institution in respect of a claim of a Iranian company against a…
The Evolution of Unilateral Arbitration Clauses in Russia
…on 09 July 2014). The court of cassation upheld the ruling (Decision dated on 24 September 2014). The Supreme Court’s approach On May 21, 2015, the Supreme Court of Russia…
Supervisory and Territorial Jurisdiction in Domestic Arbitrations in India
…the venue of the arbitration was in New Delhi. Addressing the first issue, the Delhi High Court, citing the decision of the Supreme Court in A.B.C. Laminart Pvt. Ltd. &…
Arbitrating Antitrust Follow-on Damages Claims: A European Perspective (Part 2)
…(in many cases) national court forums. While any ex post agreement will need to be sufficiently appealing to claimants and respondents to incentivize claimants to abandon court jurisdictions otherwise available…
Arbitrating Antitrust Follow-on Damages Claims: A European Perspective (Part 1)
…No. C/13/500953/HAZA 11-2560, CDC PROJECT 13 SA (CDC/AkzoNobel c.s.), District Court of Amsterdam (June 4, 2014) (upheld by the Amsterdam Court of Appeals), translation available here; East West Trading BV…
Arbitration Agreements, Courts, Singapore, Singapore International Arbitration Centre, UNCITRAL Model Law
Prakash J of the Singapore High Court decides the arbitration “chicken and egg” dilemma
…auspices of the SIAC, whilst the Defendants sought to stay the Court proceedings in favour of arbitration. The Court’s Dilemma Prakash J had no doubt that, as a matter of…
News About the Journal of International Arbitration
…Court of Justice’s position on this matter, which would allow arbitral tribunals in investment protection proceedings to address the Court of Justice already at present. It further outlines some fundamental…
Hypochondria About the Place of Arbitration in Online Proceedings
The views expressed in this article are those of the author alone and should not be regarded as representative of, or binding upon ArbitralWomen and/or ICC, the Court or its…