Discover and read the best of Twitter Threads about #arbitration

Most recents (19)

A Constitution Bench of the #SupremeCourt will shortly pronounce judgment on the issue - whether the #arbitration clause in a contract, which is required to be registered and stamped, but is not registered and stamped, valid and enforceable Image
2 Separate opinions- One by J. Joseph, J. Bose, J. Ravikumar and the other by J. Rastogi and J. Roy
J. Joseph: The view taken in SMS Tea Estates as followed in the correct position in law. NM Global was wrongly decided when it held to the contrary and overruled SMS Tea Estates and Garware
Read 29 tweets
A Constitution bench of the Supreme Court to shortly deliver verdict in the case concerning the legal validity of an arbitration agreement in an unstamped contract.

#SupremeCourtofIndia #SupremeCourt #arbitration Image
Justice Joseph: We have as many judgments as there are judges (in court).

[There are four opinions]

Justice Joseph: My brothers Ajay and Ravikumar are concurring with me.
Order: we approve of paragraphs 22-23 of Garware and similar paragraphs in Drolia.

Certified copy must indicate the stamp duty paid, if it does not do so court should not act on such a copy.

Read 12 tweets
I recently wrote an article about the potential complications surrounding the call for an interim government due to the uncertainty of the conclusion of the presidential election petition before the inauguration of a new president on May 29, 2023.
But it’s very possible to conclude these petitions, provided that the court systems are very proactive. Under Arbitration matters, procedural orders and or directions issue peremptorily to resolve sometimes very complex jurisdictional and procedural issues.
The Presidential Election tribunals are urged to adopt the procedures very familiar with the speedy conclusion of Arbitration matters.

Read the full article:
Read 4 tweets
#SupremeCourt Constitution Bench led by Justice KM Joseph to hear plea regarding validity of an #arbitration agreement embedded in an unstamped contract.

Hearing to commence at 2pm.

#SupremeCourt #arbitration
Sr Adv Gourab Banerji: Union need not be a party to this.

SC: Very well.

Counsel speaks of an IA filed.

Read 36 tweets
#SupremeCourt Constitution Bench led by Justice KM Joseph to hear matter regarding validity of an #arbitration agreement embedded in an unstamped contract.

Hearing starts.

Adv takes Court through facts.

Bench: We may have to appoint an Amicus.

Order: We're of the considered view that an Amicus be appointed, we appoint Mr Gaurav Banerjee. Registry will forward to him the papers. List on December 6.

Adv: My IA may be taken up.

Order: 2 weeks to file compilation of IA contents and the issues involved.
Read 4 tweets
For the first time in its history #CAS publishes an Annual Report and Financial Statements, welcome to the era of (relative) transparency!

[Follow the thread]

#Sportslaw #Arbitration #CAS
1. Unfortunately, the only interesting bits are in the financial statements at the end of the document. Even though they are not going into great details, they are providing interesting information about the economic management of the CAS.
2. Here is how the CAS is financed: 50% contributions from Olympic Movement & FIFA + 50% contributions of the parties to the proceedings (I imagine mostly from transfer related disputes & ordinary arbitration as appeals in disciplinary cases are free).
Read 8 tweets
#InvArch is an intellectual property & decentralized development network for #web3. InvArch is not just new to the @Polkadot ecosystem, but also a novel project throughout the entire #blockchain community.

This thread serves as a brief introduction to the project.

First, it is important to understand the three (3) key focuses of the network:

1.) Allow users to tokenize their ideas (intellectual property #IP).

2.) Provide a secure environment where ideas can be shared.

3.) Foster a network for collaboration and partnership forming.

#InvArch views #ideas as sets of non-fungible components. Specifically, InvArch introduces Intellectual Property Sets (#IPSets), which are collections of #NFTs called Intellectual Property Tokens (#IPT). These files are what help to describe and detail an idea.

Read 24 tweets
Thread 🪡

Yesterday, @CIJ_ICJ handed down its judgment on the #maritimeboundary between #Somalia and #Kenya. This was the first judgment since the Court’s renewal in February 2021 and Judge Donoghue’s election as President (source of all images: @CIJ_ICJ). 👩🏻‍⚖️
Kenya did not appear at the oral proceedings before the ICJ after appearing at the preliminary objections phase (link to preliminary objections judgment below). However, the ICJ could rely on its written submissions, filed before deciding not to appear.…
Somalia and Kenya had very different views on their maritime boundary. Somalia argued that there was no agreed boundary, so that the ICJ had to delimit a boundary by the 3-stage approach in use since the 2009 #BlackSea case (link below, [115]-[122]). 👩🏽‍💼…
Read 25 tweets
I really enjoyed talking to Noah about the #CAS.

It’s not the first time I’m coming out publicly to challenge the status quo at the CAS (see…) and I’d like to explain a bit why.

[Thread] 👇👇👇

#Sportslaw #Arbitration #Transparency #Independence
1. #CAS is a crucial player in sports governance, it whitewashes legally speaking the decisions of international SGBs. Once a CAS award confirmed a decision of an SGB, the latter gains in authority and becomes extremely difficult to challenge elsewhere (see #Pechstein odyssey).
2. #CAS is not an arbitral tribunal, I repeat #CAS is not an arbitral tribunal! As I have argued elsewhere (…), CAS jurisdiction in appeal cases cannot be grounded on consent, it needs post-consensual foundations (such as the famous ‘level playing field’).
Read 21 tweets
Chief Justice of India NV Ramana to grace the event of Registration of Trust Deed in Respect for International Center for Commercial Arbitration & Mediation Center in Hyderabad
#supremecourt #arbitration
CJI Ramana receiving the official salute #supremecourt #arbitration
#SupremeCourt judges Justices L Nageswara Rao, Subhash Reddy also at the event. Justice Hima Kohli, Chief Justice of Telangana High Court, and former Supreme Court judge Justice RV Raveendran also present
Read 26 tweets
Any investor in BlackRock that has suffered losses due to their investments in Chinese companies (either here or abroad) should immediately sue or file arbitration to receive their money back. Under the cover of Afghanistan's collapse, BlackRock is tripling down on China. 1/3
Investing in Chinese securities that have VIE structures and don't submit themselves to SEC/PCAOB covered audits is indefensible in court. Now, the plaintiff's attorneys have the ability to ask the fiduciary, "Please show the court your Xi Jinping discount model."The world 2/3
Read 4 tweets
#SupremeCourt to shortly hear a plea by Amazon against Delhi High Court order dated March 22 which stayed Single Judge’s order restraining Future Retail from going ahead with the 24,713 crore deal with Reliance Retail
@amazon @FutureGroup #relianceretail
Sr Adv Gopal Subramanium for @amazon will continue submissions today. He had earlier argued that the concept of "Emergency Arbitrator" and an award passed therein was not alien to the Arbitration and Conciliation Act, 1996.
Sr Adv Gopal Subramanium for
@amazon: My investment in FCPL went straight down through the share purchase agreement.
Read 58 tweets
1/ The High Court ruling on NUFCs arbitration objections is not a loss at all. To suggest the club are 2-0 down is just media sensationalism. In reality, the club and their legal team raised this objection knowing fine well it was a win-win situation and here’s why ...
2/ Option 1 was the objection is upheld and NUFC push through a change in arbitration chair to somebody less ‘bias’. Obvious win. HOWEVER, and this is an important point, it can be argued that not having the chair overturned was actually their biggest win.
3/ Knowing fine-well that as standard all judgements are publicly available (unless in the public interest to be kept confidential) NUFC and the legal team have forced scrutiny and pressure not only from the public but also from the judiciary and those involved in arbitration
Read 12 tweets
🔥"@MaureenSNP, you say the present Lord Advocate is the former Dean of the Faculty [of Advocates]; the [@ScotGov] external Counsel is the present Dean of the Faculty. I'd have thought it of interest to hear what @RoddyQC & Christine O'Neil were saying in Oct 2018.
📌"I don't think the Lord Advocate would have done very well if he'd been in the shoes of @RoddyQC and having to argue the case." .. "The Practitioner – the person who was actually having to argue the case in Court – probably recognised the essential difficulties"

🤷‍♂️ "[#Mediation] cannot be thought to be totally unsuitable, @MaureenSNP because it's actually in the policy, but it only applies to current Ministers; not past Ministers."
Read 4 tweets
📺 Regarding the alternative options available to @ScotGov, including #Arbitration and #Mediation to resolve complaints.

"Mediation [was] available for current ministers, but not former ministers" .. "Mediation [was] missing .. for no understandable reason..."

📰 "[#Arbitration] designed to provide a cheaper/ more private was of dealing with disputes."

"The idea that that wouldn't have been a better way to approach this matter – than what has transpired over the last 3 yrs – would be an extraordinary position to adopt"

💡"If people would say, 'on reflection we could have avoided this disaster and saved the Scottish people £600,000' – that might be a good thing for people to say." .. "But people who took a decision might be expected to defend it, however disastrous the decision turned out to be"
Read 6 tweets
On 7/29/2020, HHS Secretary released a Report on:
Addressing Surprise Medical Billing - instructing Congress to find a patient-centered approach addressing #SurpriseBilling…
"Congress needs to enact a permanent and comprehensive solution to protect patients from surprise billing. Sound surprise billing legislation will not only protect patients but will also encourage a fairer, patient-centered healthcare system."
A #SurpriseBilling soln should be fair to ALL. #Arbitration accomplishes this, has been shown to be a successful in NY and TX.
#Benchmarking will harm patients by decreasing access to care, physician choice & threatens to shutter hospitals serving rural and underserved areas
Read 4 tweets
Last night when I opened my @lyft app I saw new terms & conditions. Because I'm a lawyer, I scrolled. What I saw made me so mad I closed the app & hailed a cab. @lyft is not only forcing people into #arbitration, they are now requiring #PAGA waivers 😡⬇️
@lyft What's #PAGA and why is it bad to waive your right to it? Since most companies now require #forcedarbitration, one of the only ways to get justice in court is through whistle blower statutes called "Private Attorney Generals Act's"…
@lyft Basically #PAGA allows someone who would otherwise be forced into secret arbitration to bring their claims to light and get justice. So what @lyft is doing is really heinous. It is saying to users: change the law all you want, we will just require you to waive your rights.
Read 5 tweets
Panel 2 at the MANE Forum: A flourishing era of Asian #mediation.

Moderator: Mr Viswa Sadasivan
Panellists: Mr Akira Kawamura, Mr Jerry Zhang, Ms Laila T Ollapally, Prof Hi-Taek Shin, Mr George Lim SC.

George is an IMI Board member, and Laila represents CAMP, an IMI QAP.
Akira Kawamura re ADR in Japan: "Now we have a game-changer.".

The Kyoto centre:
1. Provides international mediation facilities
2. Is a centre for mediation research and education

On the verge of opening a new similar centre in Tokyo.
#mediation #arbitration #Japan
Laila T Ollapally - unless mediation is as lucrative as other forms of dispute resolution, we're not going to attract the best candidates.

#mediation #mediators

"The second wave of the mediation revolution is in our DNA."
Read 16 tweets
My thread on the interim decision of the Swiss Federal Tribunal in the @caster800m case.

Full decision in French at…

It highlights key features of the #LexSportiva & the ‘complicity’ of Swiss law in sheltering it from review.

#Sportslaw #CAS
1. The #SFT reminds us that its control of #CAS awards is narrow. Hence, it orders interim measures only if it is ‘very likely’ that an appellant will prevail.

This is because Swiss law is traditionally favourable to international arbitration.

#Sportslaw #Arbitration #Semenya
2. This is extremely problematic because #CAS arbitration unlike international arbitration is in general not based in consent (see ECtHR in #Pechstein) and should not enjoy the same quasi-immunity from state control.

#Sportslaw #Arbitration #Semenya
Read 7 tweets

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