Author: Guido Carducci* Published: December 2013 Description: 1. Signatories to arbitration agreements frequently face the risk of noncompliance by one or more of the signatories. This risk is higher in...
Search Results for : non-signatories
...Foreign Arbitral Awards is a United Nations convention with 159 parties and 24 signatories. Signatories to the convention pledge to give effect to private agreements to arbitrate and to enforce...
Forum Shopping: The One Belt One Road Initiative
Author: Varun Tyagi* Jurisdictions: India Topics: Competence-Competence Delegation Arbitrability Anti-Arbitration Injunction Introduction Signatories to arbitration agreements often resort to Civil Courts seeking to enjoin their signatories counterparties from initiating or...
The Muddy Waters of Anti-Arbitration Injunctions in India
...capacious, plain text-based construction that would have far-reaching economic consequences. There seems to be a mismatch between, on the one hand, the apparent simplicity, lack of ambiguity, and non-prominence of...
Empirics-Based Umbrella Clause Interpretation
...Arbitral Tribunal Rights Pertaining to the Conduct of Proceedings Basic Standards of Due Process Hearing Evidence Experts Description: This article explores practical ways of addressing respondents’ non-participation in international arbitration....
Respondents’ Non-Participation in International Arbitration: A Practical Analysis for Claimants ...
...BAA’s mandatory requirements for a valid award; the award exceeded the scope of the arbitration agreement; the award was rendered in the presence of nonfeasance, extortion, or passive corruption; the...
The Brazil-Nigeria Samba: From Partners in Business to Parties in ...
...before being ceded to Norway. As of 2015, Norway began implementing a series of measures thwarting non-Norwegian vessels’ commercial activities in Svalbard, thus contravening its obligations under the Treaty of...
Full Protection and Security Standard: A Loophole in Diplomatic Protection ...
...of dispute settlement was considered inappropriate. However, in the last fifteen years the belief in the non-arbitrability of these sorts of disputes has slowly faded away, particularly in the United...
Burning The Idols Of Non-Arbitrability: Arbitrating Administrative Law Disputes With Foreign ...
...regard to enforcement of Convention awards, of the judicial resource-conserving doctrine of forum non conveniens, which permits a U.S. court to decline jurisdiction as a matter of discretion when a...
Application of the Doctrine of Forum Non Conveniens in Summary Proceedings ...
Author: Alan Scott Rau* Published: August 2012 Description: I. MONDE RE AND FORUM NON CONVENIENS Precisely what is a federal court expected to do when asked to enforce a foreign...
The Errors of Comity: Forum Non Conveniens Returns to the Second ...
...enforcing court over the debtor or his property and the doctrine of forum non conveniens as grounds for refusing recognition and enforcement. The central purpose of the New York Convention...
Lack of Jurisdiction and Forum Non Conveniens as Defenses to ...
...or international arbitrations to obtain documents and testimony from non-parties is far more circumscribed than the ability of litigants in U.S. litigation to obtain evidence from non-parties in federal court....