First, the assumption is that the 30-day deadline was filed by the application to the arbitration body, and that the countdown resumed with the panel`s rejection of the application. The rules of the common law of tolls, we are told from the court, do not apply here, so the period has been operating continuously, starting on February 20 and 30 days later. Whenever there are actions outside their original jurisdiction against states or sovereign organizations – or international organizations – immunities can be considered. On closer inspection, immunities present themselves as two obstacles: immunity before the court and immunity from execution. While the general assumption is that a simplicity agreement lifts immunity… In a concurring opinion, Justice Sonia Sotomayor agreed on the principle that the convention does not categorically prohibit the application of national doctrines on law enforcement, while warning that the application of national doctrines must be based on the principle of consent to conciliation. Lower courts, which apply non-signatory national doctrines to enforce arbitration agreements, must “strictly adhere to the basis of the FAA`s principle that arbitration is a matter of consent.” According to Sotomayor J.A., the “basic principle” that arbitration is a matter of consent, not coercion, limits all national doctrines that might apply to the procedures under the convention. The question, then, is whether the centennial arbitration clause is unacceptable. If that is the case, it will be unenforceable. The following current case studies should not provide a complete picture of arbitration law as it is today. Rather, they are samples that are haunted by different courts and jurisdictions that, when viewed as a whole, should give you a general idea of the type of issues that may arise during and after arbitration. The issues raised by arbitration are as varied and varied as those that may arise from a court proceeding and, after years of practice, new issues may continue to surprise lawyers and their legal assistants. Several complaints have been filed in the US District Court for the District of Columbia (DDC) in favour of the application of ICSID contracts against Spain, and new enforcement measures are likely to be filed when further ICSID arbitration proceedings concerning regulatory changes to Spain`s renewable energy regime are concluded.
However, since the Achmea decision of the European Court of Justice, the performance of many distinctions within the EU is virtually impossible in Europe. A decision on these ongoing proceedings against Spain is likely to be the first case to decide whether the SDC will impose an arbitration award under distinctions within the EU. Three (3) bank member of the Supreme Court of Hon`ble, composed of Hon`ble Mr. Justice Rohinton Fali Nariman, Hon`ble Mr. Justice R. Subhash Reddy and Hon`ble Mr Justice Surya Kant (Bench), held that mere “fraud charges” would not affect the effect of an arbitration agreement.