...if a party is not 100% successful in its claims and when the respondent is partly successful in its defenses. In cost shifting, tribunals take into consideration the behavior and...
Search Results for : Defenses
...defenses to be invoked in other scenarios, such as enforcement actions or execution proceedings. Minimum judicial intervention As a general principle, Article 67 of the Arbitration Statute states that, in...
Reviewing Colombian Supreme Court Judgments on International Arbitral Awards
...force and effect of federal law. By its terms, the New York Convention broadly favors the enforceability of foreign arbitral awards, subject to limited enumerated defenses to enforcement concerned with...
The Recognition and Enforcement of Foreign Arbitral Awards as Foreign ...
...have been too restrictive on parties, as empirical information indicates that the large majority of all force majeure defenses are unsuccessful.[6] In light of this data, it is uncertain how...
COVID-19 and Force Majeure: How Will International Arbitral Tribunals Treat ...
...Convention nor its implementing legislation required personal jurisdiction over the defendant and that lack of personal jurisdiction was not among the New York Convention’s defenses to recognition and enforcement, the...
Civil Procedure Meets International Arbitration: A Tribute to Hans Smit ...
...Unión Fenosa Gas, S.A. v. Arab Republic of Egypt, the UKSC cited Micula & Ors v. Romania to put forward the idea that even if the defenses before an ICSID...
The Unresolved EU Law Question: Reorganizing the Current Status of ...
...enforcement. This makes it impossible “for a State to rely on defenses such as those contained in the New York Convention.” It does not, however, eliminate the applicability of the...
Enforcement of Arbitral Awards Against States* – Vol. 19 No. ...
...critical result-determinative decisions to admit or reject defenses solely on evidentiary grounds. Considering that almost every arbitral case is decided on the basis of evidence, a careful examination of the...
Evidentiary Principles in Investor-State Arbitration – Vol. 28 No. 1
...which defenses against an adverse award are available. These factors are particularly true in the context of international arbitration, which is also directed by the United Nations Convention on the...
Two to Tango: Domestic Grounds for Vacatur Under the New ...
...must also be qualified by the counterpart defenses, derogations, and limitations inherent in these bodies of law. States’ receptiveness to the binding scope, implementation, and enforcement of these bodies of...
TagTime with Prof. Diane Desierto – Invoking Climate Change, Environmental ...
...ascertaining the existence of documents, the whereabouts of those documents and hence details and facts relevant to the claims and defenses in issue in the reference. Many international commercial contracts...
Documentary Discovery and International Commercial Arbitration – Vol. 17 No. ...
...contract was actually formed, the recalcitrant party has defenses available under the common law, such as fraud, duress, and undue influence, which can be used to contest the agreement’s …...