...have argued elsewhere, judicial review of arbitral awards, statutorily provided for, may not be contractually modified, arbitrators in Swedish arbitrations cannot escape such judicial review and the consequent assessment of...
Search Results for : "Judicial Review"
...provided for a more expansive judicial review than that available under the United States Federal Arbitration Act. The consequences of this heightened judicial review go directly against a general policy...
Contractual Modification of Judicial Review of Arbitral Awards: The French ...
...that this perceived tension between the efficiency of the arbitral process and the feared delay and intrusiveness of judicial review is unwarranted. The decision underscores a uniformly pro-enforcement policy articulated...
Fiat S.p.A. v. The Ministry of Finance and Planning of ...
Author: Meera Rajah** Published: April 2021 Jurisdiction: International Topics: FAA Arbitral Awards Applicable Law Contractual Expansion or Limitation of Judicial Review Description: This essay argues that greater public interest concerns...
Ariadne’s Thread: Assessing Public Policy Limits to Contractually Modifying the ...
...arbitration, particularly from the perspective of judicial review. On their face, these laws appear to offer the possibility of limiting, if not entirely eliminating, review of international arbitral awards by...
Limiting Judicial Review in International Commercial Arbitration: The New Swiss ...
...Arbitral Tribunal Comprehensive Agreement on Investments Confidentiality Confidentiality and Publication Consolidation of Proceedings Contents of the Arbitration Agreement Contract Interpretation Contractual Expansion or Limitation of Judicial Review Contractual or Consensual...
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...parties is void or voidable; and (ii) may parties, before any dispute has arisen, waive their right to seek judicial review of an award? Download Full PDF *Arbitral & Judicial...
Judicial Review in International Arbitration: The Swedish Supreme Court Decision ...
...awards. The Ninth Circuit proclaimed that parties may implicate state law in arbitration agreements to circumvent the limited judicial review of arbitral awards available under the FAA. This will frustrate...
The Veil of Acquiescence: Between the Lines of an Intuitive ...
...stops in defending what I regard as the statutorily precluded view that parties can expand by contract the permissible scope of judicial review of arbitral awards. Professor Rau, Professor Lowenfeld,...
Contractual Modification of the Scope of Judicial Review of Arbitral ...
Author: Marcus S. Jacobs* Published: June 1991 Jurisdiction: Australia Topics: Contractual Expansion or Limitation of Judicial Review Description: Australia is a federal state comprised of six states and two territories,...
Judicial Review of Awards Under Australia’s Model Uniform Law – ...

...jurisprudence pertaining to judicial review of negative jurisdictional findings by an arbitral tribunal and answer whether courts can intervene at this stage to overturn the decision of a tribunal that...
Between Scylla and Charybdis: Should Negative Jurisdictional Decisions by the ...
Author: Federico Ortino* Published: December 2013 Description: The emerging system of investment law based on international treaties has attracted much attention from academics, civil society, policymakers, and practitioners alike. The...