...that is consistent with the goals of the New York Convention.[8] However, in India, neither the ACA nor its predecessor, the Foreign Awards (Recognition and Enforcement) Act, 1961 (‘FAA’) define... Is the New York Convention Applicable for the Enforcement of ...November 21, 2021 in Blog by ARIA
...(the “FAA”).[5] Section 10 specifies four grounds for vacating awards: (i) where the evidence was procured by corruption, fraud or undue means; (ii) where there was evident partiality or corruption... Manifest Disregard: A Legitimate Ground for Vacating International Awards Rendered ...October 20, 2020 in Blog by clairesheridan
Author: Daniel M. Kolkey* Published: December 1990 Description: “It’s not broken; don’t fix it.” That is often the response to proposals to reform the Federal Arbitration Act (the “FAA” or... Reflections on the U.S. Statutory Framework for International Commercial Arbitration: ...July 30, 2020 by Claire Sheridan
...held in Hall Street Associates, LLC v. Mattel, Inc. (“Hall Street”) that the grounds stated in §§ 10 and 11 of the Federal Arbitration Act (“FAA”) for vacating or modifying... Hall Street One Year Later: The Manifest Disregard Debate* – Vol. ...July 22, 2020 by Claire Sheridan
Author: Alan Scott Rau* Published: September 1995 Jurisdiction: United States Topics: Waivers FAA UNCITRAL Model Law Description: This is an essay about the perplexing relationship between state and federal law... The UNCITRAL Model Law in State and Federal Courts: The ...July 29, 2020 by Claire Sheridan
...strong element of privacy is inherent in the arbitration process in the United States, the confidentiality of arbitral awards is not. The FAA[13] or other laws do not ascertain any... Confidentiality in International Commercial Arbitration: Determining Factor for Safeguarding the ...July 18, 2023 in Blog by Yue-Zhen Li
Author: Kirsten Weisenberger** Published: July 2007 Jurisdiction: United States Topics: Enforceability of Arbitration Agreements Separability FAA Description: The Supreme Court handed down a modest five-page decision in Buckeye Check Cashing... From Hostility to Harmony: Buckeye Marks a Milestone in the Acceptance of ...July 25, 2020 by Claire Sheridan
...awarding a judgement, set forth a formula for the amount owed but did not explicitly name an amount. Is the award amount justiciable pursuant to the Federal Arbitration Act (FAA)?... Taking It Over the Finish Line: The Eleventh Circuit Suggests ...January 25, 2021 in Blog by clairesheridan
...under the Federal Arbitration Act (FAA) “merely because the underlying claim raises a federal question.” Quoting with approval a 1988 analysis by District Judge (as he then was) Leval, the... Federal Question Jurisdiction to Enforce Arbitration Agreements* – Vol. 7 ...July 29, 2020 by Claire Sheridan
...Federal Arbitration Act (“FAA”) and, if so, to what degree. In a field of law based on the foundational premise that the “‘primary’ purpose of the FAA is to ensure... Clearing the Air on “Manifest Disregard” and Choice of Law ...July 21, 2020 by Claire Sheridan
...always to remain unaltered.” Concerning the standards of review available under the Federal Arbitration Act (“FAA”), it seems that federal courts in the United States have regularly followed this admonition... On Dangerous Footing: The Non-Statutory Standards for Reviewing an Arbitral ...July 22, 2020 by Claire Sheridan
Author: Eric Lucentini** Published: December 1996 Jurisdiction: United States Topics: Categories of Disputes Commercial Disputes FAA Description: Commercial arbitration has been employed in the United States since colonial times; yet... Taking A Fresh Look At Vacatur Of Awards Under The ...July 29, 2020 by Claire Sheridan