Author: Rada Lelutiu** Published: April 2004 Topics: Recourse Against Award Generally Enforcement of Arbitral Awards Enforceability Grounds for Refusal of Enforcement New York Convention Description: I. INTRODUCTION Concluded in 1958,...
Search Results for : Enforceability
Author: Hans Smit** Published: July 1997 Topics: Operation and Effects Enforceability of Arbitration Agreements Enforceability Description: Judges appear to find it awfully difficult not to interfere with arbitration agreed upon...
May an Arbitration Agreement Calling for Institutional Arbitration be Denied ...
...a “liberal federal policy favoring arbitration agreements.”[16] This policy requires the courts to adhere to a “broad principle of enforceability” concerning the terms of arbitration agreements, including confidentiality provisions.[17] In...
Confidentiality in International Commercial Arbitration: Determining Factor for Safeguarding the ...
Author: Crina Baltag** Published: December 2009 Jurisdiction: International Topics: Enforcement of Arbitral Awards Enforceability New York Convention Description: I. INTRODUCTION The enforceability of arbitral awards is one of the main...
Enforcement of Arbitral Awards Against States* – Vol. 19 No. ...
...M&A transaction that includes complicated business issues. Fourth, the enforceability of arbitration awards is generally stronger than litigation court judgments. Under the authority of the New York Convention on the...
Arbitration In Cross-Border Merger & Acquisition Transactions: An Advantage?
...of American courts, which originally was to favor the enforceability of awards. At the same time, the enforceability of these agreements draws support from the policy of the American courts...
Contractual Modification of Judicial Review of Arbitral Awards: The French ...
Author: Mark Beckett** Published: December 2008 Jurisdictions: United States Topics: Public Policy Favoring Arbitration Enforcement of Arbitral Awards Enforceability Description: Arbitration practitioners and users appeared to be divided on the...
Beyond Agnosticism: The Policy Justifications for the Supreme Court’s Decision ...
...stay the enforceability of the award in accordance with the requirements of periculum in mora (danger in delay) and fumus bonis iuris (likelihood of success on the merits of the...
The Brazil-Nigeria Samba: From Partners in Business to Parties in ...
...and to the recognition and enforceability of its results across borders. The scope of the New York Convention is rather large. As was just hinted, it is not only concerned...
Preventive Requests for the Enforcement of Foreign Arbitral Awards: Toward ...
...of Arbitrators Composition of Arbitral Tribunal Commercial Disputes Enforceability of Arbitration Agreements Separability Recourse Against Award Generally Enforcement of Arbitral Awards Enforceability Interim Measures of Protection Description: The traditional reluctance...
The UNCITRAL Model Law and the 1988 Spanish Arbitration Act: ...
Author: Xavier E. Romeu-Matta** Published: March 1990 Topics: Categories of Disputes Commercial Disputes Enforcement of Arbitral Awards Enforceability FAA UNCITRAL Model Law Description: In 1984, the Supreme Court held in...
New Developments in International Commercial Arbitration: A Comparative Survey of ...
Author: Horacio Falcão** Published: December 1997 Jurisdiction: Brazil Topics: Commercial Disputes ADR Enforceability Description: On September 23, 1996, Brazil enacted its first arbitration law. The Brazilian Arbitration Law (“BAL”) was...