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CARD V. STRATTON OAKMONT, INC.: Arbitration and the Rules of Evidence U.S District Court of Minnesota (1996)

05/06/2017 by International Arbitration

Arbitration Rules of Evidence

Card v. Stratton Oakmont concerns a motion to vacate an arbitration award brought, inter alia, on the ground that the arbitral tribunal had disregarded the rules of evidence. In September 1994, Claimant had filed for arbitration pursuant to the rules of the National Association of Securities Dealers Act (NASD) against Stratton Oakmont, claiming common law […]

Filed Under: Arbitration Procedure, Arbitration Rules, International Arbitration Law, United States Arbitration

McCreary Tire & Rubber Co. v. CEAT S.p.A. v. Mellon Bank NA (Garnishee) United States Court of Appeals for the Third Circuit (1974)

05/06/2017 by International Arbitration

Stay a Lawsuit Pending Arbitration

This case relates to an attachment and a motion to stay a lawsuit pending arbitration. The facts are as follows: Plaintiff sued CEAT for breach of the distributorship contract. In addition, Plaintiff sued Mellon Bank. Plaintiff had previously filed a suit against CEAT before the District Court of Massachusetts, where the court ordered arbitration, according […]

Filed Under: Arbitration Jurisdiction, Arbitration Rules, Court of Arbitration, International Arbitration Law, United States Arbitration

Stay of Judicial Proceedings Pending Arbitration: Rogers, Burgun, Shahine and Deschler, Inc. v. Dongsan Construction Co. ltd. US District Court for the Southern District of New York (1984)

05/06/2017 by International Arbitration

In this case, Dongsan (Claimant) subcontracted RBSD (Respondent) services for developing part of the design of a hospital in Saudi Arabia. The Claimant agreed to pay 20% of the 2,5 million dollar fee in advance of Respondent’s performance. Respondent provided Claimant a Letter of Guarantee to secure the full amount of the advancement payment. The […]

Filed Under: Arbitration Jurisdiction, Arbitration Procedure, Arbitration Rules, Court of Arbitration, ICC Arbitration, International Arbitration Law, New York Convention, Saudi Arabia Arbitration

GETMA INTERNATIONAL, NCT NECOTRANS, GETMA INTERNATIONAL INVESTISSEMENTS & NCT INFRASTRUCTURE & LOGISTIQUE v. THE REPUBLIC OF GUINEA – ICSID 28 June 2012

05/06/2017 by International Arbitration

GETMA INTERNATIONAL

This decision relates to the Respondent’s request to disqualify one of the arbitrators, namely Mr. Bernardo M. Cremades, who had been appointed by the Claimant. The Claimant had filed for arbitration at the ICSID on 29 September 2011 under the ICSID Convention and the Investment Code of the Republic of Guinea. The Parties agreed that […]

Filed Under: Arbitration Award, Arbitration Jurisdiction, Arbitration Procedure, Arbitration Rules, Guinea Arbitration, ICSID Arbitration, OHADA Arbitration

ARBITRATION AND RICO CLAIMS: FINAL AWARD IN ICC CASE N. 6320 (1992)

04/06/2017 by International Arbitration

This ICC arbitration concerns arbitration and RICO claims, arising in the context of a plant built in Brazil. By way of background, a Contract was entered into in 1972. The Contract was governed by Brazilian law and the seat of arbitration was agreed to be Paris. The parties, Furnas, a Brazilian company (Claimant) and a […]

Filed Under: Arbitration Award, Arbitration Information, Arbitration Jurisdiction, Arbitration Procedure, Arbitration Rules, Brazil Arbitration, Court of Arbitration, ICC Arbitration

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  • International Centre for Dispute Resolution (ICDR)
  • International Centre for the Settlement of Investment Disputes (ICSID)
  • International Chamber of Commerce (ICC)
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  • SCC Arbitration Institute (SCC)
  • Singapore International Arbitration Centre (SIAC)
  • United Nations Commission on International Trade Law (UNCITRAL)
  • Vienna International Arbitration Centre (VIAC)

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