The Pechstein decision of the Munich Court of Appeals (Oberlandesgericht) of January 15, 2015 has made headlines (see here and here). The Munich court refused to recognise an arbitral award…
…list the following event of default: “…there shall have been entered against the Republic…a final judgment, decree or order by a court of competent jurisdiction from which no appeal may…
…and were produced for the first time in the court proceedings. For the purposes of this post, the authors will only focus on an issue arising from the High Court’s…
…executive management, the DIAC counts true arbitration prominence, such as the doyen of international arbitration Martin Hunter of Essex Court Chambers in London and former Director Nassib Ziade, who held…
…as), similar to the one which the European Court of Human Rights and the CJEU have been using to accommodate their co-existence as supreme courts within their respective legal systems….
Although a bilateral investment treaty (“BIT”) arbitration and an application made before the European Court of Human Rights (“the Court”) could, at first glance, present opposite objectives, investors alleging a…
…“the friend of the court should not be the friend of one of the parties”. (A. Mourre, Are Amici Curiae the Proper Response to the Public’s Concerns on Transparency in…
…by the judges that compose the Special Court (“Corte Especial”) of the STJ. According to the new provision, the reporting judge can analyse and judge the request by him/herself when…
…access to a court of law. The ISU already declared that it will appeal the decision of the Higher Court to the German Federal Supreme Court. Although this latest chapter…
…court cases in various jurisdictions around the world in which arbitral awards were sought to be annulled or recognized or enforced. All these court files are believed to contain arbitral…
…the Supreme People’s Court (‘SPC’) issued a ‘Notice on Relevant Issues concerning Correct Handling of Judicial Review of Arbitration Matters’ (Fa (2013) 194 Hao) (‘the 2013 Notice’), requesting lower courts…
…Court of Arbitration for Sport (“CAS”) (Decision of the Swiss Federal Tribunal (“DFT”) of 11 June 2014, 4A_178/2014). The appellant, a professional cyclist who faced disciplinary charges after testing positive…
…International Commercial Arbitration. The most recent initiative in Victoria is the introduction of new arbitration rules in the Supreme Court of Victoria, formally known as the Supreme Court (Chapter II…
In the recent case of Pricol v. Johnson Controls (Pricol Limited v. Johnson Controls Enterprises Ltd and Ors, Arbitration Case (Civil) No.30 of 2014), the Supreme Court of India declined…
…various instruments including the Supreme Court of Judicature Act, the Legal Profession Act and the Rules of Court, as well as the enactment of secondary rules specific to the SICC…
…arbitral award. For this reason, to date – consistent with the pro-arbitration approach adopted by courts in many jurisdictions – English commercial court judges have shown a marked enthusiasm to…
…and for these, so also the Supreme Court, he is entitled to a portion of his fees. The Supreme Court took a pragmatic solution in the case at hand, which,…
…appealed the award in the High Court to have the 2009 Award set aside. The High Court’s decision was affirmed by the Court of Appeal albeit on different grounds. The…
…United States Supreme Court where they refused to permit a contractually agreed review of merits. In fact the Indian Supreme Court itself in 2014 February 2014 in its decision of…
…illustration of this policy is the recent decision in International Research Corp PLC v. Lufthansa Systems Asia Pacific Pte Ltd and anor [2013] SGCA 55. There, the Singapore Court of…
…(Cap 143A) provides that the court “may set aside the award of the arbitral tribunal if – (a) the making of the award was induced or affected by fraud or…
…of the Statute of the International Court of Justice lists judicial decisions and awards as subsidiary means “for the interpretation of public international law”: “On the other hand, Article 32…
…the dispute ‘by consenting to arbitration”, quoting Republic of Ecuador, 638 F. 3d at 392 from the 2nd Circuit Court of Appeals. In so doing, the court indicated that Icebug’s…
…contract (Decision of Turkish Supreme Court, 15th Circuit dated 17.09.2002 and numbered 2002/3931), the Supreme Court held that it is an established principle that, in FIDIC contracts, the conditions for…
