…States. Secondly, AR Pereira rejected the plaintiffs’ arguments that the High Court should apply the Singapore Rules of Court, in particular Order 69A Rule 6, to allow the plaintiffs to…
…in progress of the works, Raytheon commenced arbitration proceedings claiming substantial damages for unlawful termination. The arbitration proceedings were conducted confidentially, under the rules of the London Court of International…
…of Worth Matravers (UK; former Senior Law Lord and former President of the UK Supreme Court). It is hard to put into words the sheer magnitude of the Vis Moot,…
…support of the Supreme Court in aid of arbitration. Additionally, recent decisions of the Supreme Court have signalled that Western Australia is a safe seat for commercial arbitration. New Arbitration…
…In its decision of 15 February 2017, the Spanish Supreme Court affirmed the ruling of the Provincial Court of Appeal of Madrid, finding that the deliberations had been conducted contrary…
…International Arbitral Awards. It is to be noted that explanatory judgments of the Supreme Court of Justice are aimed at unifying Moldovan court practice and do not have any binding…
…the superior courts of judicature ‘shall consist of the Supreme Court of Sierra Leone, the Court of Appeal and the High Court of Justice which shall be the superior courts…
…new challenges for users, arbitrators, as well as the ICC Court and its Secretariat. In practice, expedited procedures may increase due process challenges by dissatisfied litigants, before and after awards…
…the Dutch Supreme Court has recently shed new light on the scope of state immunity from enforcement in The Netherlands. In its judgment of 30 September 2016, the Dutch Supreme…
…disclosure pursuant to CPR 31.12, from which the Court derived its power to make the order sought. Provided the documents were relevant, the Court had discretion to order disclosure, to…
…the secretary (this argument was put to the court but had not raised before the LCIA Division) P also applied to the High Court for disclosure from the arbitrators of…
…by a court, or which have been concluded before a court in the course of proceedings, and which are enforceable in the same manner as a judgment, or recorded as…
…and helping them get there successfully, can generate longer, more lasting relationships than relatively good results delivered after hard-fought, expensive, time-consuming arbitrations and court proceedings. (And that’s assuming you get…
…ratify the treaty by the European Commission (as the negotiations pre-dated the Lisbon treaty), the ball was now in Iraq’s court to decide whether certain amended clauses (which needed to…
…Court considered that, even when the place of arbitration is unclear or not yet determined, the IAA nevertheless allows the President of the SIAC Court to act as the statutory…
…the Judge then decided to hold the pending motions until the Greek Supreme Court made its decision. The Greek Supreme Court concluded (decision n.517/2016) in May 2016 that the Court…
…B from terminating the co-operation agreement. The application was dismissed in both the District Court and the Court of Appeal. In the meantime, A commenced FAI arbitration proceedings against B,…
…insurer, West of England Shipowners Mutual Insurance Association, as a defendant. West of England sought to remove the lawsuit from Louisiana state court to the U.S. District Court for the…
The long-standing dispute over the territory of Western Sahara has been the subject of a treaty, an advisory opinion of the International Court of Justice, an armed conflict, a United…
…Duties in Ireland’s New Mediation Bill”, Sabine Walsh offers a detailed analysis of the obligations that mediators can be subject to under this Bill in cases of court referred mediation….
…As the United States Supreme Court said in Taylor v. Louisiana 419 U.S. 522, 532 (1975), “[t]he broad representative character of the jury should be maintained, partly as assurance of…
…one that is coherent but inapplicable, because the Court would be reluctant to “rewrite” the clause. In this writer’s view, the Court’s decision is defensible. The outcome of such cases…
…parties may agree in their arbitration agreement “to the contrary that the legal action is to remain pending before a state court without any restriction”. Thus, recourse to domestic courts…
With the upcoming 2017 edition of the Willem C. Vis International Commercial Arbitration Moot Court Competition (the “Vis Moot”), the eyes of the international arbitral community are turned – maybe…
