...in 2011. Within a year of operation, DAMEPL discovered serious defects in the civil work of the Project, which they alleged constituted a material breach of the agreement. It caused...
AAA Ad Hoc ADR Advocacy Agreement to Arbitrate Anti-Suit Injunctions Appeal to Arbitral Tribunal and Annulment Applicable Conflict-of-Laws System Applicable Law Apportioning of Costs Arbitrability Arbitral Adjudication Arbitral Awards Arbitral...
Author: Yilin Tim Chen* Published: May 2018 Jurisdictions: United States International Topics: Agreement to Arbitrate Proceedings to Compel Arbitration Applicable Conflict-of-Laws System Commercial Disputes New York Convention FAA Defects and...
Authors: Aldo Berlinguer* and Maria Veronica Saladino** Published: February 2022 Jurisdictions: International Italy United States Topics: Agreement to Arbitrate Separability Defects and Invalidity Amendments and Rectification ABSTRACT Should a dispute...
...forma challenges to awards that, in reality, were free of defects. By definition, manifest disregard permitted courts to examine the arbitrator’s reasoning on the law and thereby to exert control...
...setting aside an award set out in ICCP, Article 829(1) no 2, which covers defects relating to the appointment of arbitrators) may be invoked to enforce a Discriminatory AA. As...
...creditor to relitigate issues it had already won in the arbitration.[19] CONCLUSION Having grounds for review of awards assure parties that serious procedural defects will be addressed. However, Weiss and...
...tribunal to exercise its inherent jurisdiction under the Kompetenz-Kompetenz principle but in case of implicit and inherent defects of judicial reasoning that does not ‘reasonably’ apply the distinction between jurisdiction...
...do not amount to a pathological clause. The latter is a clause whose defects may jeopardize its straightforward application which can be challenged by an uncooperative party. As mentioned above,...
...arbitral procedure or major defects in the consent to arbitration. At the same time, enforcement of the Yukos award is by no means ordinary. From the outset it was obvious...
...arise, where almost identical facts (e.g., the existence of defects) are argued all over again. Not just unnecessarily costly and burdensome, such suits may pose a significant risk of contradictory...
...need assurance that such serious procedural defects as fraud on the arbitrators, excess of powers, or improper constitution of the tribunal will be corrected. At the same time, the proper...
This website uses cookies as well as similar tools and technologies to understand visitors' experiences. By continuing to use this website, you consent to Columbia University's usage of cookies and similar technologies, in accordance with the Columbia University Website Cookie Notice.OkColumbia University Website Cookie Notice