Results.
16 documents found.
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An arbitral award may be challenged independently; filing differs from recognition and time runs from the award date.
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Civil procedure — Effect of recognition — a recognized award becomes a court decree and cannot later be set aside by the same court through fresh annulment proceedings
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Civil procedure — Procedure
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— a party may challenge an award independently without awaiting the other party's enforcement petition
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— challenges should be by separate petition or cross‑petition, not merely by answer to recognition petition
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Limitation law — Limitation — time to challenge: 28 days for lack of substantive jurisdiction or appeal by case stated
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Judgment |
21 February 2025 |
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United States
· INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES
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Document |
2 November 2024 |
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South Africa
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Document |
4 September 2019 |
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Arbitration — Independence and separability of the arbitration agreement — Whether having several defendants is a bar for any one of them to pray for an order of stay of proceedings in court if there is an agreement and an arbitration clause — The court’s duty to consider the rights of the parties in terms of multiplicity of proceedings and costs when ordering stay of proceedings pending arbitration
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Judgment |
12 April 2019 |
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Reported
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Judgment |
30 June 2017 |
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Judgment |
28 September 2016 |
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Lack of arbitrator jurisdiction can amount to misconduct under s.16, but proving it requires a full hearing, not a preliminary objection.
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Arbitration
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— jurisdiction — Whether arbitrator’s lack of jurisdiction amounts to misconduct or improper procurement under s.16 of the Arbitration Act
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— preliminary objection — When jurisdictional challenges require substantive hearing rather than disposal at preliminary stage
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Judgment |
18 March 2016 |
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Registrar must file an arbitral award on receipt; limitation objections cannot be considered before registration.
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Arbitration — jurisdiction — ordinary courts lack basis to entertain fresh suits seeking enforcement of unregistered arbitral awards — Limitation/time‑bar objections
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Arbitration — registration of arbitral award
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— Registrar obliged to file/register award on receipt
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— Whether arbitrator must personally file award or may cause another to file it
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— no discretion to delay or refuse
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Judgment |
4 December 2015 |
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United Kingdom
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Document |
20 December 2012 |
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High Court lacks jurisdiction to grant stay of execution after a Notice of Appeal to the Court of Appeal is filed.
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Arbitration award enforcement; stay of execution pending appeal; Court of Appeal Rules 2009 (rule 11(2), clause (c), rule 3); High Court jurisdiction; Order XXXIX rule 5 CPC; effect of filing Notice of Appeal.
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Judgment |
6 September 2012 |
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Reported
Advocates of Zanzibar lack automatic mainland audience rights; arbitrator’s jurisdiction depends on contract, arbitration law, and waiver.
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Arbitration — jurisdiction
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Arbitration — Waiver/estoppel
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— Participation without timely protest may waive jurisdictional objections
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— timely objections preclude jurisdiction over later claims
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Civil procedure
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— Procedure — Notice of Affirmation citing wrong rule is incompetent
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— Remedies — Claims added later (e.g., devaluation compensation) falling outside procedural preconditions are non-justiciable by arbitrator
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— Right of audience — Advocates of High Court of Zanzibar do not automatically have audience rights before the Court of Appeal on mainland
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Judgment |
18 August 2005 |
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Court may grant interim injunctions before a main suit and against the government using inherent judicial powers.
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Civil procedure
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— Government proceedings — injunctions against the State/Attorney General — scope of proviso to Order XXXVII r.2
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— Interim injunctions — jurisdiction to grant interlocutory injunctions before institution of main suit (Mareva-type orders) — inherent powers
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Judgment |
2 September 2003 |
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Prerequisites for stay of proceedings pending arbitration under the repealed Arbitration Act
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Judgment |
30 September 2002 |
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Reported
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Arbitration — Irrevocability of the submission to arbitration clause (s. 4 of the repealed arbitration act) — The sanctity of the arbitration agreement — Duty of the court where there is an arbitration agreement
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Judgment |
19 September 2002 |
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India
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Document |
7 May 1992 |
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Reported
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Civil procedure — Effect of arbitration clause on subsequent civil proceedings — Steps to be taken to stay civil proceedings in court where there is an arbitration clause
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Judgment |
1 January 1983 |