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25 Mar 2012, 9:08 am by Kurt J. Schafers
July 8, 2010) (stating that plaintiffs’ arguments that the arbitrators exceeded their power by acting in “manifest disregard” of the facts were, in essence, an invitation for court to review the arbitrators’ factual determinations, which the court is prohibited from doing); Buechner v. [read post]
26 Jul 2018, 5:10 am by Badrinath Srinivasan
When there was no arbitration agreement between the parties, without a joint memo or a joint application of the parties, the High Court ought not to have referred the parties to arbitration” (paragraph 39).The Court rejected the respondent’s implied authority argument stating that counsel should not act on implied authority unless there is exigency of circumstances demanding immediate adjustment of suit by agreement or compromise (Byram Pestonji Gariwala v Union Bank of… [read post]
27 Dec 2019, 3:30 pm by Andrew Moratzka
” Interestingly, despite Minnesota Power’s and the Commission’s assertions, the Order expressly differentiates the NTEC matter from North Dakota v. [read post]
29 Jun 2022, 12:41 pm
It is  hosted by Völkerrechtsblog and brilliantly co-organized by Justine Batura (Völkerrechtsblog), Anna Sophia Tiedeke (Völkerrechtsblog) and Michael Riegner (University of Erfurt; co-founder of the Völkerrechtsblog), who will feature as guest editor of the Symposium. [read post]
26 Apr 2018, 10:59 am by NCC Staff
He filed an amicus brief (with Robbie Kaplan) on behalf of constitutional law scholars in Trump v. [read post]
3 Oct 2023, 6:30 am by Guest Blogger
There, Lord Hoffmann questioned the appropriateness of the term deference in describing the relationship between the courts and other branches of state within the separation of powers. [read post]
13 Apr 2015, 6:03 am
A court that has personal jurisdiction has both the authority to rule on the law and facts of a suit and the power to enforce its decision upon a party to the suit. . . . [read post]
21 Jul 2015, 3:09 pm by Mark Graber
  Rights are important exceptions to powers, rather than what exists in the absence of power. [read post]