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...conflict between party autonomy, the **com**pétence-compétence principle, judicial intervention and the court’s duty to preserve legitimate claims. Striking a balance between these often-conflicting principles, in essence, can accurately be captured...

Between Scylla and Charybdis: Should Negative Jurisdictional Decisions by the ...

October 12, 2020 in Blog by clairesheridan

...the New York Arbitration Week’s website: New York International Arbitration Week, https://nyarbitrationweek.com (last visited on Dec. 04, 2021). [3] See ArbitralWomen, https:/**/www**.arbitralwomen.org (last visited Nov. 30, 2021). [4] The papers...

2021 New York Arbitration Week

December 5, 2021 in Event by ARIA

...discretion to **com**bat costs and expedite proceedings can result in a loss of party autonomy which may lead to non-enforcement of the resulting award. To that end, it also highlights...

The Perceived Tension Between Party Autonomy and Expedited Procedure Under ...

April 16, 2019 in Blog by ARIA

...on 1st November 2022, Center for Arbitration and Mediation https://ccbc.org.br/cam-ccbc-centro-arbitragem-mediacao/en/arbitration/arbitration-rules-2022/ (last visited Dec. 8, 2022) [20] Arbitration, Camâra Do Mercado https:/**/www**.camaradomercado.com.br/en-US/arbitragem.html (last visited Dec. 8, 2022); Augusto Tolentino Pacheco de...

Provisional Measures in Aid of Arbitration in Brazil

January 9, 2023 in Blog / Uncategorized tagged Brazil / Provisional Measures by ARIA

...proceeding, the other party must be given notice and is entitled to deny recognition and/or enforcement of the award. Once enforced, the domestic award will automatically be deemed recognized. Conversely,...

The Brazil-Nigeria Samba: From Partners in Business to Parties in ...

June 20, 2022 in Blog tagged Arbitral Procedure / Arbitration Rules / Investment Disputes / Recognition and Enforcement by ARIA

...York Convention”) is an essential piece of this legal framework, in place to ensure that parties’ commitment to arbitrate is enforceable and that arbitral awards can be recognized and executed...

Preventive Requests for the Enforcement of Foreign Arbitral Awards: Toward ...

July 17, 2020 by Claire Sheridan

...in France, sixty-six in Switzerland, twenty in the United Kingdom, eleven in Belgium and only ten in the Federal Republic of Germany. Thus, the Federal Republic could attract only 12.7%...

International Arbitration in the Federal Republic of Germany: A Hitherto ...

July 30, 2020 by Claire Sheridan

Author: Hans Smit* Published: January 2009 Jurisdictions: Indonesia England France Topics: Enforcement of Arbitral Awards Enforceability Description: Some time after this article was written, the French Cour de Cassation decided...

Postscript: The Cour de Cassation Decision in Putrabali – Vol. ...

July 22, 2020 by Claire Sheridan

...Bantea-Srei, or the “Citadel of Women,” dating from the tenth to fourteenth centuries. Arriving there, they cut from the temple walls seven richly decorated and well preserved stones together weighing...

Cultural Property Disputes and the Draft UNIDROIT Convention: Possible Applications ...

July 29, 2020 by Claire Sheridan

...ACA, a **com**plete code for the enforcement of an arbitral award.[15] Assuming arguendo Section 44A includes arbitral awards within its ambit, the NCLT could not have adjudicated upon the enforceability...

Foreign Arbitral Awards Under Indian Insolvency Law: Room for Improvement?

August 21, 2020 in Blog by Claire Sheridan

...seat for enforcement and recognition proceedings; in practice a foreign lex arbitri is not usually chosen. The decreasing role of the Convention is seen in the vibrancy of domestic laws...

ARIA Report: “Arbitration in Two Worlds: U.S. and Brazilian Perspectives ...

October 21, 2022 in Blog by ARIA

...ICC statistics, we see that, out of the national laws chosen by the parties in the 946 cases, English law was chosen in 13% of the cases (122 cases), followed...

Iura Novit Arbiter: Truth or Fiction? – Vol. 32, No. ...

March 30, 2022 by ARIA