...BIT.[6] This has been referred to by Professor Arato as a “fringe position,”[7] although he himself acknowledges two other arbitral awards whose tribunals have endorsed this reasoning.[8] The “nuanced, hybrid...
Search Results for : "Arbitral Awards"
...for purposes of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958 (“New York Convention” or “Convention”) and its national implementing legislation. Moreover, what difference does...
Developing Views on What Constitutes a “Foreign Arbitration Agreement” and ...
Author: Jadranka Osrecak* Published: August 2017 Jurisdictions: Croatia International Topics: Authority of the Arbitral Tribunal Right to Decide on Jurisdiction Commercial Disputes Arbitral Awards Existence and Validity of Agreement to...
The Role of Tribunals and Courts in Preserving the Rule ...
...awards. The Ninth Circuit proclaimed that parties may implicate state law in arbitration agreements to circumvent the limited judicial review of arbitral awards available under the FAA. This will frustrate...
The Veil of Acquiescence: Between the Lines of an Intuitive ...
...continue to develop, in the absence of the “life blood” of court decisions and arbitral awards subject to appeal?”) [15] 2018 International Arbitration Survey: The Evolution of international Arbitration, 28...
The Use of New Technologies in International Arbitration
Author: Richard W. Hulbert* Published: December 2008 Topics: Categories of Disputes Commercial Disputes Enforcement of Arbitral Awards Enforceability Description:It is trite, to be sure, to observe that the relations between...
Institutional Rules and Arbitral Jurisdiction: When Party Intent is Not ...
...action aimed at rescinding an arbitral award; and the cognitive limits of the proceedings for recognizing and enforcing foreign arbitral awards. All of this will gradually be resolved, including through...
Arbitration: A Flourishing Legal Institute
...Recognition and Enforcement of Foreign Arbitral Awards, arbitration facilitates the recognition and enforcement of arbitration awards across international borders. It can thus provide parties with greater certainty and predictability when...
Arbitration In Cross-Border Merger & Acquisition Transactions: An Advantage?
Author: Mauro Rubino-Sammartano* Published: December 2010 Topics: Authority of the Arbitral Tribunal Arbitrators and Arbitral Tribunals Arbitral Adjudication Arbitral Awards Arbitral Process Costs and Damages Dispute Resolution and Litigation Enforcement...
Third Generation Arbitration By The European Court Of Arbitration* – ...
Author: Joseph Schohl** Published: June 1991 Jurisdiction: Italy Topics: Enforcement of Arbitral Awards Enforceability New York Convention Description: The distinction in Italian law between different forms of arbitration has led...
The Italian Arbitrato Irrrituale and its Enforceability under the New ...
Author: Natasha Affolder* Published: January 2002 Topics: Arbitral Awards Interest and Costs Description: Few, if any, international arbitrators choose to tackle the equation Pn = P0.(1+ i/m)mn in their arbitral...
Awarding Compound Interest In International Arbitration – Vol. 12 No. ...
Articles “Arbitracide”: The Story of Anti-Arbitration Sentiment in the U.S. Congress Thomas E. Carbonneau Can the Statutory Grounds for Review of Arbitral Awards Be Changed By the Parties? A French...