…Codification and Normativity”, p. 14). When it decides challenge decisions, the LCIA Court itself often refers to the IBA guidelines. Admittedly, whenever it does so, the Court takes great care…
…is the issue of a court of enforcement rather than a court of original jurisdiction of the seat orders a “remand”. Assuming that a contractual duty as outlined above exists,…
By Order of 11 May 2015 (unpublished) in Case No. ARB 005/2014 – A v. B, Justice Sir David Steel of the Dubai International Financial Centre (DIFC) Court of First…
…Rules, which allocate broad powers to the tribunal to provide interim relief, limiting the national court’s power to do so to only narrow circumstances. This shift is complemented by the…
…arbitrators. The challenge was successful before the Higher Regional Court of Munich (Decision of Feb. 2nd 2014, Case 34 Sch 7/13). The German Supreme Court, Bundesgerichtshof, dealing with the appeal…
…or after an application is registered with a People’s Court but before the People’s Court makes a ruling“; however, the New Provisions state that the People’s Court can issue a…
…particular, the principle of good faith has been highlighted by an arbitral tribunal as a “supreme principle, which governs legal relations in all of their aspects and content (See: Inceysa…
…broad authority to determine their own jurisdiction. Thus, under the US Supreme Court decision in First Options of Chicago, Inc. v . Kaplan 514 U.S. 938 (U.S. S.C.t.1995): “…if an…
…is why the UNCITRAL Model Law in article 6 provides for “a court or other authority for certain functions of arbitration assistance and supervision”. So far the functions of assistance…
…decision of the President of the Provincial Court. Traditionally, when the President of the Provincial Court was the judge of first instance, the Specialized Chamber of the Provincial Court could…
On 15 July 2015, the Supreme People’s Court (the “SPC”) of the People’s Republic of China (the “PRC”) issued its long-awaited notice addressing issues relating to the validity of arbitration…
…meaning of Article 7 of the Judicial Authority Law […] along with Article 24(1) of the Court Law in regards to Foreign Court Judgments is that although this Court may…
…China. In a recent judicial interpretation (the Reply), however, the PRC Supreme People’s Court (SPC) has clarified the jurisdictional uncertainties caused by the split. Background The CIETAC split first became…
…and subject to an appellate mechanism.2)https://www.europarl.europa.eu/news/en/news-room/content/20150702IPR73645/html/TTIP-ease-access-to-US-market-protect-EU-standards-reform-dispute-settlement and https://hsfnotes.com/publicinternationallaw/2015/07/13/the-future-of-isds-in-the-ttip-european-parliament-recommends-a-new-system-of-judicial-decision-making/ In other words, the European Parliament’s clear preference is for dispute resolution to occur in a public court-centric based system, not by…
…non-participating party. With this victory before the French Supreme Court, Yukos Capital (“Yukos”) is one step closer to the enforcement of an arbitral award against Otkrytoye Aktsionernoye Obshestvo Tomskneft Vostochnoi…
…in the narrowest sense, one event” (cf. Austrian Supreme Court – 4 Ob80/08f, 26 August 2008). The English High Court deemed an arbitration clause for “all disputes from time to…
…French lawyer Ronny Abraham, President of the International Court of Justice. This case stands out as a precedent for many legal issues, which cannot be covered in one post. The…
…party fails to appoint an arbitrator, an application is made to the Chief Justice of the High Court or the Supreme Court of India, as appropriate, to appoint the arbitrator….
On June 8, 2015, Pecherskyi District Court of Kyiv (“Pecherskyi Court”) upheld an application lodged by JKX Oil & Gas plc, Poltava Gas B.V. and JV Poltava Petroleum Company (“JKX…
…Banyan Tree case, the Parties and the DIFC Court decided to adjourn the proceedings until after the DIFC Court’s hearing in Banyan Tree. In the result, as stated by way…
…award and launched setting aside proceedings. State Court Findings As it follows from the court decisions, VAMED Engineering GmbH & CO KG alleged, inter alia, the invalidity of the arbitration…
…Simon Lester, however, which queries the basis of similar assumptions appearing to underpin some of the discussions about the creation of a standing investment court in the European Union. The…
…of 2008 as amended (the “DIFC Arbitration Law”) in relation to the recognition and enforcement of foreign awards before the DIFC Courts to the Union Supreme Court of the United…
…US permanent court this time? • A difficult interplay between the ICSID system and the EU Permanent Court: the EU Permanent Court is not put forward as an additional, opt-in…
