Discretion

3 articles available

Proceedings for setting-aside arbitral awards in India have been the subject of controversy since time immemorial. Recent trends indicate that the tendency of courts to set-aside awards has been on…

The “right of clarification” (in German: Aufklarungsrecht) is a product of the inquisitorial method of hearing. It refers to a judge’s right to ask, suggest to or require the parties to clarify or…

In a dispute involving the Centro Brasileiro de Mediação e Arbitragem – CBMA (“CBMA”) and the Brazilian Federal Revenue’s Office (“FRO”), the Brazilian Federal Court of Appeals prevented FRO from…