...Recognition and Enforcement of Foreign Arbitral Awards (“New York Convention”). While ease of enforcement is frequently cited as a reason for choosing international arbitration as a dispute resolution mechanism, few...
Search Results for : %22Grounds for Refusal of Enforcement%22
...do not separately govern the recognition and enforcement of its awards, and therefore, its enforcement regime is governed by the 1958 New York Convention.[22] In accordance with Article 5(2) of...
Hague Rules on Business and Human Rights Arbitration: What Lies ...
...bodies specialized in human rights have relatively weak (or no) enforcement mechanisms on the judgments they issue. Many times, enforcement will depend on the will of the States themselves to...
TagTime with Dr. Yas Banifatemi – Arbitration as a means ...
...in the Convention. This Article analyzes enforcement of arbitral agreements under the Convention, and in particular addresses the issue of what law governs enforcement of arbitral agreements subject to the...
The Relevance of International Standards for U.S. Courts In the ...
...of the general reluctance among parties to seek the enforcement of specific performance, or vice versa. According to Kyriakos Pittas, “[t]he remedy which is most commonly sought and which is...
Specific Relief in International Arbitration
Author: Hans Smit** Published: April 2009 Topics: Arbitral Awards Appeal to Arbitral Tribunal and Annulment Enforcement of Arbitral Awards Enforceability New York Convention Description: I. INTRODUCTION Annulment of arbitral awards...
Annulment of an Arbitral Award and Its Subsequent Enforcement: Two ...
Author: Sergia Carias-Borjas** Published: October 1991 Jurisdiction: Senegal France Topics: Commercial Disputes Investment Disputes Enforcement of Arbitral Awards Enforceability ICSID Description: The viability of any international commercial arbitration system depends...
Recognition and Enforcement of ICSID Awards: The Decision of the ...
Author: Sergio Le Pera* Published: March 1991 Topics: Arbitral Awards Appeal to Arbitral Tribunal and Annulment Enforcement of Arbitral Awards Enforceability ICC New York Convention Description: After five years of...
Where to Vacate and How to Resist Enforcement of Foreign ...
...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
...fund the enforcement efforts. See Jeffery Commission & Michael Redman, Navigating judgment enforcement in multi-jurisdictional arbitrations, Burford (Oct. 17, 2019), https://www.burfordcapital.com/insights/insights-container/navigating-judgment-enforcement-in-multi-jurisdictional-arbitrations/. [7] The awareness of the legal finance industry has...
Negotiating Funding Arrangements: Trick or Treat
...outside of national courts is only useful if, in turn, the “necessary legal framework can be internationally secured.” The Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“New...
Preventive Requests for the Enforcement of Foreign Arbitral Awards: Toward ...
...Resolution in the UK (“CEDR”) to explore the issue of Settlement in International Arbitration. The 2008 SIA/PwC Survey explores more specifically settlement as a means of enforcement of claims in...