…the files for these cases were sent to the Supreme Court for it to make a decision whether the appellate courts were correct in not applying the recently added article….
…state court; iii. option for parties to elect institutional challenge proceedings; iv. assistance of the Dutch state court in foreign arbitration proceedings; v. provisional measures in pending arbitration proceedings; and…
…December 24, 2007, para. 145. as well as national court decisions4)Occidental Exploration & Production Company v. Ecuador, UK Court of Appeal, Judgment September 9, 2005, (2005) EWCA Civ 1116, para….
…immovable assets have been paid. Arbitral tribunals and the Constitutional Court. The Romanian Constitution gives arbitral tribunals the power to request the Constitutional Court to verify the constitutionality of certain…
…the court to order payment “on any basis on which the court can award costs in civil proceedings before the court”. The amendments proposed by the Bill are welcome evidence…
On this first of April I thought it might be useful and timely to remind blog readers that the U.S. Supreme Court is considering whether to grant certiorari in BG…
…2012]. Although the Slovak Constitutional Court reversed the law as unconstitutional in 2011, the arbitral tribunal ordered Slovakia to compensate Eureko, to the amount of €22 million, for the damage…
…Professor Howard S. Wheater FREng, Professor Lucius Caflisch, Professor Jan Paulsson, Judge Bruno Simma, H.E. Judge Peter Tomka (the “Court”). The Permanent Court of Arbitration was to act as Secretariat…
…of “evident partiality” stems from the U.S. Supreme Court case Commonwealth Coatings Corp. v. Cont’l Cas. Co., 393 U.S. 145 (1968). In that case, the Court’s 6-3 plurality decision vacated…
…Court of Australia [2013] HCA 5 (13 March 2013), S178/2012, the Australian High Court (“Court”) dismissed a challenge to the constitutionality of the International Arbitration Act 1974 (Cth) (“the Act”),…
…arbitration was thrust into an even more prominent role as a substitute for public trial thanks to a series of U.S. Supreme Court decisions strongly promoting the enforcement of arbitration…
…court in question is an emanation of a Convention country. By way of illustration, in Case No. 764/Judicial Year No. 24 (ruling of the Federal Supreme Court of 7 June…
…objections), Permanent Court of International Justice Series A/B No. 74 (1938) at p. 26) In the Electricity Company of Sofia and Bulgaria case the Court added that “it is true…
…clause. In effect one European Union court would rule that a claim should be decided by a state court while another European Union court – that a non-state dispute settlement…
…foreseen in §1050º of the ZPO – that the arbitrators attend the court hearing at which the evidence is taken (though without intervention). Regarding international State court assistance in taking…
…professionals to resolve their disputes, but at the expense of non-locals who may justifiably fear being pitted against a formidable home-court advantage. By contrast, the model adopted by the DIS,…
In the case of HKL Group Co Ltd v Rizq International Holdings Pte Ltd the Singapore High Court (the “High Court”) has considered whether an arbitration clause in a contract…
…to appear in the CIETAC proceedings, as it claims that the arbitration clause is invalid and thus the proper recourse should be state court litigation. Y has its seat in…
…on Human and Peoples’ Rights and the Court of Justice of the African Union and create the new African Court of Justice and Human Rights. This new Court was established…
…the north, the Arbitration Foundation of Southern Africa (AFSA) in the south, and more recently the London Court of International Arbitration in Mauritius (LCIA-MIAC) in the east. In Western and…
…the CFA refused leave to appeal against the judgment of the Hong Kong Court of Appeal (“CA”) in Grand Pacific Holdings Ltd. v. Pacific China Holdings Ltd. (click here for…
…Swiss Federal Supreme Court, which rejected it and upheld the decision of the cantonal court, thus confirming the freezing order. The Supreme Court considered that the issuance of a freezing…
…which is often quoted more generally as the fons origo of competition arbitrability across the EU, and the US Supreme Court’s ruling in Mitsubishi (see Mitsubishi Motors Corp v Soler…
…and persuasion which are indispensable to moot-courting and real life career as well. A judge from the International Court of Justice once said that he sometimes gets so bored during…
