...by the domestic courts of the seat. This law regulates matters such as the procedure for the annulment of arbitration awards, the allocation of competence to decide jurisdictional challenges between...
Search Results for : "Domestic"
...domestic systems. But she noted that the question is a complicated one. Indeed, many scholars have addressed it and it has given rise to considerable empirical research. The question itself...
TagTime with Prof. Catherine Rogers – Does International Arbitration Enfeeble ...
...with such meanderings, however, reality requires a more sobering perspective. In the corporeal world of domestic and international arbitration, the FAA has proved awkward and sadly deficient and some scholars...
The Federal Arbitration Act: Risks and Incongruities Relating to the ...
...the path to becoming a great advocate is paved with lessons learned on your feet. Yet, it is primarily domestic courts, not arbitral tribunals, and institutions, that presently appear to...
Championing the Junior Arbitration Advocate: What Can Arbitration Learn ...
...are several practical obstacles for victims seeking redress for human rights violations at sea in a court of law. 1. Identification of a domestic court with jurisdiction Some of the...
TagTime with Dr. Yas Banifatemi – Arbitration as a means ...
...strictly controls the circumstances in which a national court of a Contracting State may refuse to enforce an arbitral award resulting from a non-domestic arbitration proceeding. The Convention in effect...
Circumvention of New York Convention Requirements Through Application of Domestic ...
...may prefer domestic adjudication over arbitration. The reason being that the claims that may be raised before tribunals under the Hague Rules may not necessary draw flak domestically in India....
Hague Rules on Business and Human Rights Arbitration: What Lies ...
...it make whether an award is characterized as “domestic” or “foreign” (or otherwise “non-domestic”)? The most obvious practical effect of this distinction is that the protections of the New York...
Developing Views on What Constitutes a “Foreign Arbitration Agreement” and ...
...and the United States’ legal commitments—both under international treaties and domestic legislation—is playing out in real time. U.S. courts, and especially the D.C. Circuit, have emerged as pivotal forums in...
How Achmea Works Out in the United States: The Enforcement ...
...the purposes may vary, including promotion of domestic economic interests, demonstration of soft power, as well as economic warfare, we are witnessing a rise in the frequency and gravity of...
Tariffs, Sanctions and Cross-Border Contracts: International Arbitration Lessons from India
...New York Convention prevents non-signatories from invoking domestic equitable estoppel doctrines to enforce international arbitration agreements. Case Background and Procedural History The dispute originated from a complex commercial arrangement involving...
Issues Relating to Non-Signatories in International Arbitration: A Comparative Analysis ...
...in both international and domestic commercial arbitrations have engaged in meaningful and deliberate efforts to revise those rules to accommodate evolving perspectives and concerns relating to commercial arbitration, none of...