...recognition of arbitration is based on freedom of contract and that the same principle governs the enforceability of an agreement to arbitrate subject to heightened judicial review. This group also...
Search Results for : "Judicial Review"
...dispute resolution process. Most jurisdictions provide for judicial review of arbitration proceedings in some form. Parties will likely be wary of a regime that completely eliminates judicial review, because they...
“Manifest Disregard of the Law” and Vacatur of Arbitral Awards ...
...gathering of evidence, authority to determine liability and impose penalties, and judicial review). [62] American Arbitration Association, supra note 58, at 2 (emphasis supplied). [63] Id. [64] Id. at 13....
The Popular Meaning of “Foreign or International Tribunal” in ...
Author: Mark B. Rees** Published: December 1997 Jurisdiction: United States Topics: Contractual Expansion or Limitation of Judicial Review Description: The Court of Appeals for the Second Circuit, in Halligan v....
Halligan v. Piper Jaffray: The Collision between Arbitral Autonomy and ...
...approaches to the reasons requirement in different jurisdictions, especially when it comes to the judicial review of arbitral awards. Iranian legislation does not articulate what satisfies the requirement of a...
Reasoned Arbitral Awards: An Iranian Perspective
Author: Hans Smit** Published: October 2003 Topics: Court Decisions Contractual Expansion or Limitation of Judicial Review Review on the Merits Enforcement of Arbitral Awards Enforceability Description: Arbitral mistakes continue to...
Another Judicial Misstep in Correcting an Arbitral Award* – Vol. ...
Author: Kenneth Davis* Published: December 2003 Topics: Commercial Disputes Appeal to Arbitral Tribunal and Annulment Contractual Expansion or Limitation of Judicial Review Enforcement of Arbitral Awards FAA Description: I would...
Remarks on Amending the FAA – Vol. 13 No. 1-4
Authors: Alexis Mourre and Janice Feigher Published: January 2009 Jurisdictions: France Switzerland Topics: Review on the Merits Description: Under French law, the rules applicable to judicial review of arbitral awards...
Can the Statutory Grounds for Review of Arbitral Awards Be ...
Authors: Howard A. Ellins and Christopher H. Withers* Published: October 2003 Topics: Commercial Disputes Competition and Antitrust Contractual Expansion or Limitation of Judicial Review Enforcement of Arbitral Awards Description: The...
Judicial Deference to the Authority of Arbitrators to Interpret and ...
...grounds for challenging an arbitration award. For many foreign attorneys, these non-statutory grounds not only infuse uncertainty into the law, but they represent an increased level of judicial review generally...
On Dangerous Footing: The Non-Statutory Standards for Reviewing an Arbitral ...
...Some of the significant reforms introduced by the 1979 Act were the abolition of the stated case procedure of judicial review of arbitration and the granting to parties to an...
Reform and Consolidation of English Arbitration Law – Vol. 8 ...
...in a swift way, guided by the laws and rules expressly chosen by the parties, which are usually referred to in the arbitration agreement. Judicial review of the merits of...