…court litigation: 1. Court justice is “open for the world to see”, hearings are public and judgments are reasoned and published; 2. The judiciary is independent and unbiased and they…
…Regulation, the court proceedings elsewhere were regarded as proceedings within the scope of the Regulation which could not be interfered with in such a way). Consequently, the Supreme Court referred…
…costs. Other courts have accepted third party funding: • In Switzerland, the role of third party funding in providing access to justice prompted the Supreme Court to strike down a…
…and applying the relevant principle of law, that the Court dismissed the application. In the second decision, Congo v. SA Commissions Import Export (“Commisimpex”), the Paris Court of Appeal applied…
…award considered valid under the Convention when it is confronted with a conflicting Member State court judgment, though the Regulation is vague as to how the enforcing court is to…
The Court of Arbitration at the Polish Chamber of Commerce in Warsaw (the Court) has just published new arbitration rules (the Rules) that will come into force as of 1…
…attached to the Romanian Chamber of Commerce is the most important and renowned Romanian arbitral institution (the “Romanian Court of Arbitration” or the “Arbitration Court”). The Romanian Chamber of Commerce…
…of New York refused to enforce an award that had been set aside by the Malaysian High Court. The Court found nothing to suggest that the Malaysian court had ‘violated…
…and law, which, the court stressed are final and binding on the parties and cannot not give rise to a right to set aside an award. The court further stressed…
…Another China-specific risk is that the Supreme People’s Court may set aside an award if it violates the “Four Fundamental Principles of China”, in addition to more conventional grounds. Those…
In a recent lecture at the DIFC Courts (see Lecture Series No. 5, Practice Direction providing for the wider enforcement of Court Judgments through DIFC-LCIA Arbitration Centre, 19 November 2014),…
…The District Court refused to grant a stay of proceedings and Siemens applied for leave to appeal to the Supreme Court of Israel. In its decision to dismiss the request…
…States (the “UAIAC”), the Cairo Court of Appeal has revived in its decision dated February 5, 2014, the principle of finality of arbitration awards, by which it rejected a claim…
…times, arbitrators have assumed many of the same obligations and duties of a court, and like a court, have an obligation to ensure a fair process for the parties. In…
In a recent ruling of the DIFC Court of Appeal (see Case CA-005-2-14, ruling of the DIFC Court of Appeal of 3rd November 2014), Justice Sir David Steel affirmed the…
…Supreme Court in 2006, as part of the COMMISA amparo procedure, which makes arbitration redundant in case of the administrative rescission or termination of a contract with a State contract….
…not expressly provided in the Arbitration Agreement, the LCIA Court, the LCIA, the Registrar, the Arbitral Tribunal and each of the parties shall act at all times in good faith…
…this court in overseeing the actions of the President and Congress in this matter.” The Eleventh Circuit also pointed to the Supreme Court’s long-standing recognition of the power of both…
…Court of Appeal making counsel liable for costs on the basis that the challenges brought were patently unfounded.4)Decisions of the Svea Court of Appeal in cases No T 6147-10 dated…
…lawsuit in a Chinese court directly on the assumption that the arbitration agreement is invalid based on Chinese law. The foreign parties may object to the Court’s jurisdiction before the…
One of the recurrent controversial issues in the investment arbitration practice relates to the application of the general rule of treaty interpretation of the Vienna Convention on the Law of…
…Tax Arbitral Court, the Court noted that, according to the Portuguese Tax Arbitral Regime, the arbitrators comprising the established Tax Arbitration Court are appointed by an independent body – Ethics…
…Federal Supreme Court (“Supreme Court”) considered that the reliance on an illegally obtained video recording in a CAS award does not violate public policy (these decisions are also summarized in…
…a direct causal connection between its injury and acts of racketeering. Therefore the Court of Appeals had to decide whether the District Court correctly dismissed Pemex’s RICO claims because they…
