…principle, arbitrable (in addition to Eco Swiss itself, see e.g. the decision of the U.S. Supreme Court in Mitsubishi v. Soler Chrysler-Plymouth). (b) Second, parties cannot avoid the application of…
…of Singapore set aside the award, and the Court of Appeal upheld the High Court’s decision. The Court of Appeal held that inter alia the tribunal should not have granted…
…National Court of Justice acting as a court of cassation. On its decision, the National Court of Justice confirmed the judgment but lowered the amount of compensation to 9,5 billion…
…between a Korean company and a Cambodian company over a large-scale commercial and residential real estate development in Phnom Penh. The Supreme Court affirmed the decision of the Court of…
…that have enforced the awards made under such administration, suggest that the answer is “no”. The recent decision of the Svea Court of Appeal (“the Svea Court”) in a case…
…to take democratic laws and governments to court, the Commission is trying to put lipstick on the ISDS pig. In short, the Commission needs to consign ISDS and any derivatives…
…of 2014, Supreme Court of India). That said, a recent Delhi High Court (“High Court”) decision has again stirred the water and it may be a step backward in establishing…
…Economic Court changed the substantive part of SCC award by adding the specific calculated amount of interest – USD 34,453.044. The Supreme Court of the Republic of Belarus in its…
…Supreme Court granted only 4 of the 32 petitions. One of these four petitions was considered in a French-language decision dated 7 April 2014 (Decision 4A_450/2013): The Swiss Supreme Court…
…arbitral agreement is invalid or doesn’t exist. Is the court judge’s decision binding on the court that hears the annulment petition? The problem described doesn’t come up in countries like…
…the arbitrator argued that the court no longer had jurisdiction to remove the arbitrator because he was functus officio. This argument was rejected. The Hong Kong Court of Appeal held…
…be attributed to its behavior (for example, Case A. SA v. B. SA, no. 4A_124/2014, Swiss Federal Supreme Court, judgment of July 7, 2014). It is expected that the above…
…decision of this court. In certain cases, it will be possible to file a cassation appeal with the Supreme Court of the Republic of Poland. Shortening the deadline for filing…
The Sixth Circuit Court of Appeals recently ordered a fund management committee (‘SBC’) to arbitrate its dispute with Navistar International (‘Navistar’) – at Navistar’s request – despite the fact that…
…that there was express choice of exclusive court jurisdiction of Zurich courts, therefore French courts lacked jurisdiction. The Court of Cassation reversed. The Court of Cassation succinctly commented that the…
…one woman member of the ICC International Court of Arbitration whereas today 23 out of the 130 members of the Court are women (Ms. Philippe will provide historical facts and…
…2013, the United States District Court of Texas rendered the first decision (Securities and Exchange Commission v. Trendon T. Shavers and Bitcoin Savings and Trust, Memorandum Opinion Regarding the Court’s…
…Oil & Gas, Florence, Italy. 1 Hon. Wayne D. Brazil (U.S. Magistrate, N. Dist. Calif), Court ADR 25 Years After Pound: Have We Found a Better Way?, 18 Ohio State…
…court (paragraphs 34,37-39). Finally, unlike a court-ordered injunction, the consequence of non-compliance with the arbitral award would not be court-ordered penalties. This difference in legal effect, in the CJEU’s view,…
…Co. represented the Respondent who sought by way of a cross-application to annul the award. The First Instance Court annulled the award. The judgment was appealed to the Court of…
…parties to arbitration. The rationale is quite simple: if the objection consisting of the existence of an arbitration clause is raised before the state court, the court shall apply a…
…a new chapter to this epic story by quashing the 17 December 2013 Paris Court of Appeal decision. The Court of Appeal had previously set aside an arbitral award rendered…
…disregard entire categories of laws which may be substantively relevant to settle the parties’ claims. In the words of the US Supreme Court, “[b]y agreeing to arbitrate a statutory claim,…
The recent Court of Appeal of England and Wales (“the Court”) judgment in the case of The London Steamship Owners’ Mutual Insurance Association Ltd v The Kingdom of Spain and…
