…This alarming situation threatens to compromise the quality of dispute resolution through official state court procedure. The scope of application of the President’s bill encompasses mediation in civil, commercial, labor…
…status? To begin, the opinion is submitted to an international arbitration tribunal often comprising leading public international lawyers (and sometimes current or former judges of the International Court of Justice)….
…the arbitration bar. Adding to their dread, the United States Court of Appeal for the Second Circuit dismissed an enforcement action on forum non conveniens grounds in Monegasque de Reassurances…
In the long-running battle between Chevron and Ecuador over environmental damage, a federal court in New York has denied Ecuador’s motion to stay arbitration of a Ecuador-U.S. BIT claim. In…
…by the Commercial Court of Kaliningrad region (court of first instance) and Federal Commercial Court of North-Western Circuit (court of cassation) in 2009. The arguments of the parties in this…
…United States’ efforts to effectuate the comprehensive settlement on behalf of U.S. nationals and undermines the essential purpose of applicable federal law. Last week, a federal district court judge in…
…into bankruptcy trying to both defend themselves and assert valid counterclaims. On November 19, 2009, the US Fifth Circuit Court of Appeal issued a ruling on a Respondent’s obligation to…
…if the court is seized on the merits), a French court will limit itself to ascertain that the arbitration agreement is not manifestly null and void or inoperable. And this…
…the German Speedskating Association appealed that decision to the Court of Arbitration for Sport (CAS) in Lausanne, Switzerland. An arbitral panel at the CAS, in a decision dated 25 November…
On January 15, 2010, the United States Supreme Court granted a writ of certiorari in Rent-A-Center West, Inc. v. Jackson, Case No. 09-497, agreeing to revisit the oft-litigated issue of…
…of law or equity, and (f) obviously excessive costs and fees of the arbitrators. The Federal Court will be the only state court instance available for hearing actions to set…
…U.S. federal court to stay an arbitral claim that Chevron and TexPet have submitted under the Ecuador-United States BIT and the UNCITRAL arbitration rules, and Chevron and TexPet have asked…
…the Paris court of appeal (23 March 2006) and the French Supreme Court (4 June 2008, Clunet 2008, 1107, note A. Mourre) rejected SNF’s challenges against the exequatur by holding…
…body or court of law: it does not make legal findings or consider questions of legal liability.” Nevertheless, the Board of Inquiry’s conclusions all had a legal basis, namely, the…
…of the PILA only applies where the seat of the arbitration is in Switzerland. In this case, the Swiss Federal Supreme Court has held consistently that a Swiss court shall…
…Court, care must be exercised in drawing conclusions from the ICJ’s jurisprudence. Since its decisions are not reviewed by other judicial authorities, any distinction it draws between jurisdiction and admissibility…
…Court of Arbitration at The Hague (“PCA”) has upheld a challenge against a leading arbitrator, Judge Charles N. Brower, on the basis that from the point of view of “a…
On 8 July 2009, the French Supreme Court rendered a decision confirming its position that the existence and the validity of an arbitration agreement should be determined primarily in light…
…an ICSID annulment committee or a national court, an arbitral award dismissing a case for lack of jurisdiction might be subject to a higher degree of review for failure to…
…on A. A. appealed against this decision to the Swiss Federal Supreme Court. At the core of the action for annulment of the CAS award before the Supreme Court was…
…insists that any arbitral finding of denial of justice would be used by Chevron as ammunition against the enforcement of a forthcoming Ecuadorian court ruling in a multi-Billion Dollar environmental…
…will be “no more Telemedia court battles; no more debilitating waste of government’s energies and resources”. This has proven to be wishful thinking on the government’s part. Much of the…
…the U.S. Court of Appeals for the Second Circuit (the “Second Circuit”) – the highest federal court in New York – confirmed this approach. Some have criticized this approach, arguing…
…the Custodian of Enemy Property for England and Wales. In 1951, the Dutch banking company obtained a High Court judgment awarding it the proceeds which the custodian had derived from…
