...reasoned award. This leaves room for uncertainty as to what qualifies as a well-reasoned award and what the practical consequences are in terms of enforcement when an award lacks the...
...sub-judice foreign award in a company’s statutory financial statements. Foreign Award as a Claim in India A domestic arbitral award can be directly enforced as a decree of the...
...arbitral award, i.e. an award rendered outside India. Drawing inspiration from this decision, this article will examine whether setting aside a foreign arbitral award produces any negative effect and will...
Author: Rishav Ray* Jurisdictions: India International Topics: Arbitral Awards Enforcement of Arbitral Awards Grounds for Refusal of Enforcement INTRODUCTION As trade becomes increasingly globalized, disputes have evolved into cross-border issues...
...any discernable award ambiguities. The Eleventh Circuit took the latter approach and affirmed the district court’s holding that the award was final, even if the award amount was not explicit.[12]...
...to comply with the award voluntarily. This means that the Yukos award can only be enforced in the state courts. Insofar as the enforcement of foreign arbitral awards is concerned,...
...a foreign award is not binding in India until it is declared enforceable under the ACA and that the award had not attained finality. THE NCLT’S FALLACIES An arbitral award...
...commenced arbitration to resolve a dispute arising from their contract. The sole arbitrator, who was appointed by the parties, issued an award in favor of Manraj Enterprises, and awarded pendente...
...that award was made”.[16] Awards issued in the U.S. are therefore subject to vacatur on the same grounds as domestic awards like Weiss.[17] New York, an important hub for international...
...(the award-debtor) can bring proceedings to set aside the award before the courts in the country where the arbitration was seated, while the winning party (the award-creditor) may have to...
Author: Hans Smit** Published: April 2009 Topics: Arbitral Awards Appeal to Arbitral Tribunal and Annulment Enforcement of Arbitral Awards Enforceability New York Convention Description: I. INTRODUCTION Annulment of arbitral awards...
...upon to determine the arbitrability of a dispute at the pre-award stage in two situations: i) where reference to arbitration is sought in an existing court case (instituted in breach...