...measures granted by an emergency arbitrator or arbitral tribunal, shall not constitute breach or waiver of the arbitration agreement and shall not undermine the arbitral tribunal’s competence” (Article 22.4). Following...
Search Results for : %22Enforcement of Arbitral Awards%22
...immunity.’ Institutional arbitral immunity can be said to be rooted in the fact that arbitral institutions are treated as quasi-judicial in nature. Thus, to say that an arbitral institution enjoys...
Time to Tackle the Elephant In the Room? Repeating the ...
Author: Prerona Banerjee* Jurisdictions: International Russia Topics: Arbitral Adjudication Enforcement of Arbitral Awards Arbitral Decisions Arbitral Process Dispute Resolution and Litigation Introduction Sanctions are penalties imposed on governments or private...
Arbitration or Sanctions: Who Survives the Battlefield?
...measures issued by an arbitral tribunal may be challenged before the courts on the same grounds available to challenge awards contrary to public order. The new ICCP, Article 818-ter deals...
The Recent Amendment of Italy’s Arbitration Law and the Ongoing ...
...features of ICC arbitration. Under Article 34 of ICC Rules, the most important function of the ICC is the scrutiny of arbitral awards, approving all awards as to their form...
Key Considerations in Drafting Dispute Resolution Clause in the COVID ...
Author: Hans Smit* Published: December 1996 Jurisdiction: International Topics: Arbitral Awards Payment of Money, Foreign Currency Description: As international arbitration grows apace, awards are increasingly rendered in foreign currencies. Not...
Judgments and Arbitral Awards in a Foreign Currency: A Means ...
Author: Raúl Pereira Fleury* Jurisdiction: International Switzerland Topics: Independence and Impartiality Arbitrators and Arbitral Tribunals On December 22, 2020, the Swiss Federal Supreme Court (the “Supreme Court”) handled its decision...
Beware of What You Tweet – Social Media and the ...
Author: William R. Spiegelberger* Published: July 2020 Jurisdictions: Russia Ukraine Korea China International Topics: Enforcement of Arbitral Awards Grounds for Refusal of Enforcement Arbitral Process Time Limits Formal Requirements Costs...
Russia Report: The Enforcement of Foreign Arbitral Awards in 2018 ...
...and an award enforceable in most jurisdictions. As of 2023, over 168 State parties have signed the Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958 (commonly...
A Case for Diversity in the Seat of Arbitration
...in a variety of nations. The use of the New York Convention is not prompted in every arbitral proceeding. In fact, the vast majority of arbitral awards are executed voluntarily....
Preventive Requests for the Enforcement of Foreign Arbitral Awards: Toward ...
...the awards at about the same rate, 92%, versus a rolling average rate over the same period of 95%: Table 1: Historical Enforcement Rates Year Total Awards Awards Enforced Enforcement...
Russia Report: The Enforcement of Foreign Arbitral Awards in 2014 ...
...arbitral rules applicable to the arbitration. The confidentiality issue is complicated due to the involvement of multiple actors (witnesses, translators, officials of the arbitral institution, etc.) in arbitration who, unlike...