...any discernable award ambiguities. The Eleventh Circuit took the latter approach and affirmed the district court’s holding that the award was final, even if the award amount was not explicit.[12]...
Search Results for : %22Recourse Against Award Generally%22
Author: Rishav Ray* Jurisdictions: India International Topics: Arbitral Awards Enforcement of Arbitral Awards Grounds for Refusal of Enforcement INTRODUCTION As trade becomes increasingly globalized, disputes have evolved into cross-border issues...
Assessing the Public Policy Exception and Comparative Perspectives in Enforcing ...
...(the award-debtor) can bring proceedings to set aside the award before the courts in the country where the arbitration was seated, while the winning party (the award-creditor) may have to...
Enforcement of International Arbitral Awards: Should a Party be Allowed ...
...a foreign award is not binding in India until it is declared enforceable under the ACA and that the award had not attained finality. THE NCLT’S FALLACIES An arbitral award...
Foreign Arbitral Awards Under Indian Insolvency Law: Room for Improvement?
...FINAL STAGE: ENFORCEABILITY OF AN ARBITRAL AWARD AND OBSTACLE OF PUBLIC POLICY Suppose a dispute affected by sanctions has completed the arbitration process, and an award has been rendered. The...
Imposition of Economic Sanctions: An Embargo on International Commercial Arbitration?
...the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards since 1960, which is relied upon for enforcing a foreign award. Under said Convention, a two-fold challenge...
Arbitration or Sanctions: Who Survives the Battlefield?
...which it considers likely to be important for the outcome of the arbitration. Res judicata and Enforcement of the Arbitral Award An arbitral award shall be res judicata from its...
Unpacking the New Greek Law on International Commercial Arbitration
...If arbitrators genuinely apply the competition rules, considering the parties’ arguments and providing substantial reasoning in their award, the award should generally not be subject to review, even if there...
Harmonizing Arbitration and Competition Law Disputes: Pursuing Consistency In Adjudication
...from the Western world? These legitimacy issues are of particular relevance in international commercial arbitration because parties are expected to comply with awards passed by tribunals.[9] Such deference to tribunal...
A 360-Degree, Kaleidoscopic View of Diversity and Inclusion (or Lack ...
...2021 SCC OnLine SC 855 (India). [13] Chartered Institute of Arbitrators, Drafting Arbitral Awards Part II — Interest, https://www.ciarb.org/media/4208/guideline-11-drafting-arbitral-awards-part-ii-interest-2016.pdf (last visited Nov. 22, 2021). [14] Sayeed Ahmed and Company v....
Pendente Lite Interest and Future Interest Cannot be Awarded by ...
...Ctr. on Sustainable Inv., Working Paper No. 5-2019), https://scholarship.law.columbia.edu/cgi/viewcontent.cgi?article=1007&context=sustainable_investment_staffpubs. [23] See generally Task Force Report, supra note 11, at 80-83. [24] See generally Task Force Report, supra note 11, at...
Arbitration Finance in the Aftermath of a Pandemic: Third-Party Funding ...
...by separate legislations. The enforcement of domestic awards was governed by the Arbitration Act, 1940 while foreign awards governed by the New York Convention were enforced under the Foreign Awards...