Author: Hans Smit** Published: December 2008 Topics: Contractual Expansion or Limitation of Judicial Review Description: I. INTRODUCTION The Supreme Court has now resolved the split in the lower courts on...
Search Results for : %22Contractual Expansion or Limitation of Judicial Review%22
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
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. ...
...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...
Judicial Review of Arbitrators’ Fees: Case No. Ö 4227-06 of ...
...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 ...
Author: Hans Smit* Published: May 2005 Jurisdiction: United States Topics: Court Decisions Contractual Expansion or Limitation of Judicial Review Review on the Merits Enforcement of Arbitral Awards New York Convention...
Manifest Disregard of the Law in the New York Supreme ...
...Statute defines annulment as the “sole judicial recourse against the arbitral award,” which also reflects the legislative purpose of restricting judicial intervention in the arbitral proceedings.[37] Further, the same provision...
Reviewing Colombian Supreme Court Judgments on International Arbitral Awards
...cost-effectiveness; and (3) the stark difference between U.S. judicial assistance to international arbitrations and the judicial assistance available in foreign jurisdictions. I conclude that while U.S. judicial assistance to international...
A New World of Discovery: The Ramifications of Two Recent ...
...an aberration. [1] NAFED v. Alimenta S.A., (2020) SCC OnLine SC 381 (India). [2] Globalarbitrationreview.com, Is “public policy” back to haunt enforcement in India? (May 7, 2020), https://globalarbitrationreview.com/article/1226599/is-%E2%80%9Cpublic-policy%E2%80%9D-back-to-haunt-enforcement-in-india; Indiacorplaw.in, Expansion...
The Indian Supreme Court’s Judgment in NAFED v. Alimenta S.A.: ...
Author: Hans Smit** Published: December 1995 Jurisdiction: United States Topics: Contractual Expansion or Limitation of Judicial Review Recourse Against Award Generally Review on the Merits Description: The United States Supreme...
The Arbitration Clause: Who Determines its Validity and its Personal ...
...Arbitrate Enforceability of Arbitration Agreements Court Decisions Contractual Expansion or Limitation of Judicial Review Judicial Confirmation of Award International Character of Dispute Jurisdiction and Powers of the Courts in Matters...
The Role of Tribunals and Courts in Preserving the Rule ...
...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...