Most popular

Can a national court rule on a jurisdictional challenge?

Can a national court rule on a jurisdictional challenge?

Unless otherwise agreed by the parties, arbitrators should consider and rule on their own jurisdiction when a party raises a jurisdictional challenge. However, they may not be the final arbiters of the matter, because, in certain circumstances, their decision on jurisdiction may be reviewed by a competent national court. 2.

What does a partial challenge to jurisdiction mean?

A partial challenge to jurisdiction is one directed at the arbitrators’ authority to decide a particular claim, counterclaim, or issue, or the arbitrators’ authority over a particular party, for example, on the grounds that it falls outside of the scope of the arbitration agreement. 6.

What happens if a court has no jurisdiction?

“If it may be shown that service has not been properly made, it will be open to the defendant to dispute the jurisdiction and to ask the court to declare that it has no jurisdiction; it may be open to the claimant to ask the court to cure or overlook any shortcoming which may be regarded as an irregularity.”

How to exercise personal jurisdiction over a non-resident defendant?

To exercise personal jurisdiction over a non-resident defendant, two requirements must be satisfied. “First, the forum state’s long-arm statute must confer personal jurisdiction.

How to appeal a final decision in Alaska?

You can file an appeal to the Alaska Supreme Court to review the trial court judge’s final decision. You need to convince the Supreme Court that the judge made a legal mistake that should be reversed or reconsidered according to specific instructions from the Supreme Court.

What are the rules of civil procedure in Alaska?

ALASKA COURT RULES 2 (c) Service by Facsimile Transmission and Electronic Mail. (1) Application of this Rule. (2) Method of Service. (3) Consent to Service. (4) Page Limit. (5) When Service is Complete. (6) Proof of Service. 5.2 Foreign Orders and Judgments.

What happens when a judge makes a mistake in Alaska?

It is important to understand that judges make decisions according to legal factors that are set out in the law and previous decisions from the Alaska Supreme Court that interpret the law. If you think the judge made a mistake that caused the outcome, you may have options to file something in court to address the issue.

How to file a motion for reconsideration in Alaska?

The Motion for Reconsideration must be 5 pages or less, including the motion and any attachments. Make sure to file the original and provide the other side (or their attorney if represented) with a copy that is called serving a motion. Learn more about serving a motion. What are the reasons to ask the court to reconsider its ruling?