Jurisdiction

133 articles available

The views expressed in this article are those of the author alone and should not be regarded as representative of, or binding upon ArbitralWomen and/or the author’s law firm. There are a number of…

The debate regarding the extent to which most favoured nation (‘MFN’) clauses in bilateral investment treaties (‘BITs’) can expand the scope of application of such treaties is a well-established and…

Do international arbitrators have the power to overturn interim measures granted by a Brazilian court? Do Brazilian courts have the power to stay international arbitrations? A recent decision…

The potential intervention of Indian courts over foreign seated arbitrations is a hot topic in international arbitration. On 28 May 2014, the Supreme Court of India ("SCI") heated up the debate by…

Exorbitant jurisdiction is generally described as comprising domestic courts’ powers in cross-border litigation to assume jurisdiction based on a very thin (although in the courts’ view sufficient…

Chair: Klaus Reichert SC (London) Main Speakers: Dr. Aloysius Llamzon (The Hague), Anthony Sinclair (London) Commentators: Utku Cosar (Istanbul), Carolyn B. Lamm (Washington, DC) Rapporteur:…

By Roland Ziadé and Claudia Cavicchioli, Linklaters LLP On 17 December 2013, the Paris Court of Appeal added a new chapter to the Jnah vs. Marriott saga, when it ruled on an action to set aside an…

A judgment of the European Court of 17 October 2013 (C-184/12) honors gold plated provisions when considered mandatory. Member state courts are allowed to consider their national gold-plating (the…

and Afolabi Euba and Hamid Abdulkareem, Aluko & Oyebode, Lagos, Nigeria In the course of 2012, a number of injunctions have been issued by Nigerian courts to stop arbitrations commenced by…