Search Results for : Enforceability

Authors: Mohd Suboor* and Isra Mukhtar** Jurisdictions: International Hong Kong Singapore United Kingdom Topics: Separability Applicable Law **Enforceability** of Arbitration Agreements Introduction Interpreting an arbitration agreement, defining its existence, and...

Reinforcing the Position on Governing Law of Arbitration Agreement: An ...

May 1, 2023 in Blog by Yue-Zhen Li

Author: Rada Lelutiu** Published: April 2004 Topics: Recourse Against Award Generally Enforcement of Arbitral Awards Enforceability Grounds for Refusal of Enforcement New York Convention Description: I. INTRODUCTION Concluded in 1958,...

Managing Requests for Enforcement of Vacated Awards Under the New ...

July 27, 2020 by Claire Sheridan

Author: Hans Smit** Published: July 1997 Topics: Operation and Effects Enforceability of Arbitration Agreements Enforceability Description: Judges appear to find it awfully difficult not to interfere with arbitration agreed upon...

May an Arbitration Agreement Calling for Institutional Arbitration be Denied ...

July 29, 2020 by Claire Sheridan

...a “liberal federal policy favoring arbitration agreements.”[16] This policy requires the courts to adhere to a “broad principle of **enforceability**” concerning the terms of arbitration agreements, including confidentiality provisions.[17] In...

Confidentiality in International Commercial Arbitration: Determining Factor for Safeguarding the ...

July 18, 2023 in Blog by Yue-Zhen Li

Author: Crina Baltag** Published: December 2009 Jurisdiction: International Topics: Enforcement of Arbitral Awards Enforceability New York Convention Description: I. INTRODUCTION The enforceability of arbitral awards is one of the main...

Enforcement of Arbitral Awards Against States* – Vol. 19 No. ...

July 21, 2020 by Claire Sheridan

Agreement — ...M&A transaction that includes complicated business issues. Fourth, the **enforceability** of arbitration awards is generally stronger than litigation court judgments. Under the authority of the New York Convention on the...

Arbitration In Cross-Border Merger & Acquisition Transactions: An Advantage?

April 23, 2023 in Blog by Yue-Zhen Li

...of American courts, which originally was to favor the enforceability of awards. At the same time, the enforceability of these agreements draws support from the policy of the American courts...

Contractual Modification of Judicial Review of Arbitral Awards: The French ...

July 28, 2020 by Claire Sheridan

...stay the **enforceability** of the award in accordance with the requirements of periculum in mora (danger in delay) and fumus bonis iuris (likelihood of success on the merits of the...

The Brazil-Nigeria Samba: From Partners in Business to Parties in ...

June 20, 2022 in Blog tagged Arbitral Procedure / Arbitration Rules / Investment Disputes / Recognition and Enforcement by ARIA

...and to the recognition and enforceability of its results across borders. The scope of the New York Convention is rather large. As was just hinted, it is not only concerned...

Preventive Requests for the Enforcement of Foreign Arbitral Awards: Toward ...

July 17, 2020 by Claire Sheridan

...of Arbitrators Composition of Arbitral Tribunal Commercial Disputes Enforceability of Arbitration Agreements Separability Recourse Against Award Generally Enforcement of Arbitral Awards Enforceability Interim Measures of Protection Description: The traditional reluctance...

The UNCITRAL Model Law and the 1988 Spanish Arbitration Act: ...

July 30, 2020 by Claire Sheridan

Author: Xavier E. Romeu-Matta** Published: March 1990 Topics: Categories of Disputes Commercial Disputes Enforcement of Arbitral Awards Enforceability FAA UNCITRAL Model Law Description: In 1984, the Supreme Court held in...

New Developments in International Commercial Arbitration: A Comparative Survey of ...

July 30, 2020 by Claire Sheridan

Author: Mark Beckett** Published: December 2008 Jurisdictions: United States Topics: Public Policy Favoring Arbitration Enforcement of Arbitral Awards Enforceability Description: Arbitration practitioners and users appeared to be divided on the...

Beyond Agnosticism: The Policy Justifications for the Supreme Court’s Decision ...

July 23, 2020 by Claire Sheridan