One of the great advantages of arbitration is that it is a "one-shot" dispute resolution mechanism that does not allow for a series of appeals. Indeed, many users stress the finality of awards and…
There’s a story told of Abraham Lincoln who, during his days as a working lawyer, was riding in a stagecoach from one rural courthouse to another. His companions got to discussing human anatomy, and…
On November 16, 2021, during New York Arbitration Week 2021, several committees of the New York City Bar Association hosted a panel discussion entitled “Dispelling Myths: Enforcement of Latin…
It is no secret that Indian courts have previously faced criticism over their excessive interference in arbitral awards. However, there has been a course-correction in recent years, through…
How is the content of laws determined, and by whom, in international commercial arbitration?
This topic mainly concerns an old legal assumption: iura novit curia, the Latin legal maxim for “the court…
Introduction
In domestic award enforcement proceedings, the U.S. federal Court of Appeals for the Second Circuit (“Second Circuit”) in New York recently reversed a lower federal trial court’s…
On August 6, 2019, the Fifth Revision Chamber of Colombia’s Constitutional Court (the “Court”) issued judgment T-354/19 resolving a constitutional injunction (tutela) submitted by a state-owned…
The English High Court (the Court) has recently issued two judgments clarifying its approach to determining whether a decision by an arbitral tribunal is an award or a procedural order. A few months…
Introduction
The enforcement bar is becoming more specialized. This development follows the trend in U.S. litigation towards increasing specialization and the growth of niche practice industries; but…
