…court had refused to vacate its earlier confirmation of a Bolivian award, on the ground that the award had since been set aside in Bolivia. The United States Court of…
…the assets of the debtor or the interests of the creditors, the court may, at the request of the foreign representative, grant any appropriate relief, including: (a) stay the commencement…
…the Institute of Family Law Arbitrators and the support of state judges. In 2020, the Court of appeal decided in the Hayley v Hayley case, that the challenge of an…
…case law generated by ChatGPT into court without checking. However, these current issues with generative AI do not appear insurmountable. Technologically speaking, it is not a controversial opinion that issues…
…in an ever increasingly competitive international commercial arbitration market. The New York Convention as Interpreted by the Dutch Supreme Court After paying tribute to the founding father of the New…
…each respective national court. Arbitration as a Solution Arbitration could help navigate the aforementioned challenges. To illustrate arbitration’s efficacy in resolving data privacy disputes, let us consider a hypothetical…
…the Civil and Commercial Arbitration Court (CIMA) and the Spanish Court of Arbitration (CEA). The CIAM has, among others, a Best Practices Commission, hosting highly recognized and seasoned practitioners. This…
…the expeditiousness and efficiency of the procedure”. Antônio Adonias (Court of Appeal Judge at TJBA, Professor at FDUFBA) discussed the roles of the emergency arbitrator and the state court judge…
…own court of final appellate authority within their respective judicial court systems. The Privy Council is also the highest court of appeal for the Crown dependencies and the British Overseas…
…a recurso de queja against that decision before the Supreme Court. Prior to the admissibility analysis by the Supreme Court, the same party filed the same request to the Constitutional…
…arbitration following the 2022 U.S. Supreme Court decision in ZF Automotives US Inc. v. Luxshare, Ltd., 596 U.S. ___ (2022) (“ZF Automotives”). In that decision, the U.S. Supreme Court ruled…
…The final panel of CIAM discussed empirical research on international arbitration, including a recent empirical study of national court behavior in connection with annulment and recognition and enforcement actions. The…
“Corporations have their own global private court system – called ISDS – which they use to bully governments. But many victims of corporate human rights abuses don’t have any way…
…of an evidentiary hearing. The parties had agreed to and hired a court reporter to transcribe the entirety of the hearing. Accordingly, an experienced court reporter was flown in from…
…Head of Mergers & Acquisitions Group, Sullivan & Cromwell LLP, New York, NY), and Paul Di Pietro (Counsel, ICC International Court of Arbitration, New York, NY) to discuss their experiences…
…with Costa Rica (“Agreement”), which required clearance from the Constitutional Court of Ecuador (“Constitutional Court”) to be subsequently ratified by the President of Ecuador. On 28 July 2023, the Constitutional…
…law. It is widely accepted by Chinese practitioners and confirmed by the PRC Supreme People’s Court that the commercial reservation excludes the recognition and enforcement of the non-ICSID investor-state arbitral…
…epicentre of an arbitration claim brought by Pakistan to the Permanent Court of Arbitration (“PCA”), with an Award on Competence having been rendered on July 6, 2023. This post examines…
…apply depending on the nature and scope of the litigation, e.g. before the various State Courts or before the Supreme Court. In all cases, the role of the courts is…
…arbitral award in Libya, an application must be made to a competent court for an enforcement order. This court will issue this order after ensuring that the party against whom…
…Australian High Court. Most recently, the UK High Court has ruled that the Antin v. Spain award holders are entitled to seize Spanish property in London in order to enforce…
…in various forms of dispute resolution, as an advocate at Bar, as a recorder (part time judge) of the Crown Court, as a judge at the Court of Justice of…
…controlled by the investor (when filing a claim on behalf of the enterprise) must: (i) have first initiated a proceeding before a tribunal or court of the respondent party, and…
…a relevant contract. In this landmark case, three regulatory decisions and two administrative court judgements had impacted the agreement. In a highly motivated decision, proceeding to a careful analysis of…
