The Future of Interim Relief in International Disputes
…the International Court of Justice (ICJ) in The Hague in order to preserve its rights under the International Convention on the Elimination of All Forms of Racial Discrimination (CERD) “to…
Search Results for: supreme arbitrazh court
Preliminary Draft Produced of Restatement of International Commercial Arbitration
…options raised in part by the Convention’s silence on certain governing law questions. The impact of the Supreme Court’s decision in Hall Street was also discussed. The Reporters will incorporate…
Review of Gary Born’s International Commercial Arbitration
…a century, since the work of Berthold Goldman (Goldman (1963) III Recueil des Cours 347), and has recently received the distinguished blessing of the Supreme Court of Canada (Dell Computer…
American Anti-Arbitration Legislation – A Threat?
…Supreme Court precedent like Buckeye Check Cashing). The language of Section 4(4) of the Arbitration Fairness Act of 2009 is particularly troubling in this regard. In their current form, the…
Can an award be enforced in Switzerland while its execution is suspended at the foreign seat of arbitration?
In its decision of 9 December 2008 (4A_403/2008), the Swiss Federal Supreme Court took the opportunity to clarify its practice regarding the enforcement of arbitral awards that are suspended at…
A human right to information about investment arbitration?
…Settlement of Investment Disputes (ICSID), highlighted the Inter-American Court judgment in the so-called Trillium case. The claim was brought to the Court by Chilean citizens and non-governmental organizations who complained…
Paris Court of Appeal Confirms Importance of Estoppel in International Arbitration
…Loisirs decisions are also consistent with the much-discussed decision of the French Supreme Court (Cour de Cassation) in Golshani v. Islamic Republic of Iran, dated July 6, 2005 (Case no….
Competition for the New York Convention?: The U.S. Signs The Hague Choice of Court Agreements Convention
…parallel proceedings are possible under the Convention if each litigant races to a different court and the court not identified in the choice of court agreement holds that any of…
Arbitration Institutions and Rules, Arbitration Proceedings, Domestic Courts, Enforcement, International Courts, International Legal Theory and Teaching, Investment Arbitration
Repudiation of International Arbitration Agreements and the Public Interest
…that international obligations restrain the exercise of sovereign prerogatives. The court nevertheless held that the right to assume international obligations is itself an “attribute of State sovereignty” and accordingly held…
A complex matter: Bank guarantees and arbitration agreements
In a recent decision dated 10 October 2008 (4A_224/2008), the Swiss Federal Supreme Court found an arbitral tribunal competent to decide on a party’s request that its contractual partner should…
International Commercial Arbitration
…a common corpus of international arbitration law which has global application. From this perspective, the analysis and conclusions of a court in one jurisdiction (i.e., France, the United States, Switzerland,…
ECJ in West Tanker Shocker: London Anti-suit Injunctions Fall Foul of EC Law
…arbitration from its scope, the Court found that the Regulation applies to anti-suit injunctions granted to give effect to arbitration agreements. The Court first examined whether the proceedings sought to…
ASIL and International Arbitration
…implementation of the Convention on Choice of Court Agreements, convened by the Private International Law Interest Group. General interest plenary highlights include a discussion of “International Law as Law at…
Arbitration Proceedings, Domestic Courts, International Courts, National Arbitration Laws, Section 1782 Discovery
U.S. Discovery in Aid of International Arbitration: Recent Developments
…Circuit Court conflict, or subsequent Supreme Court case, is yet on the horizon. While we wait for a definite answer in the US courts, there is nothing stopping us from…
Is Chairperson Biased when Representing Counterparty in Another Lawsuit?
In its decision of 6 October 2008 (5A_201/2008), the Swiss Federal Supreme Court had another opportunity to address its practice regarding conflicts of interests of part-time judges and arbitrators. It…
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