...Judge Feinberg, directed vacatur of an arbitral award rejecting a claim under the Age Discrimination in Employment Act (ADEA) on the ground that “the arbitrators here manifestly disregarded the law...
Search Results for : "Arbitrators and Arbitral Tribunals
Author: Stephen M. Schwebel* Published: December 1991 Jurisdictions: Africa Senegal Topics: Arbitral Adjudication International Character of Dispute Arbitral Awards Confirmation of Authentication Description: Is a majority vote in an international...
The Majority Vote of an International Arbitral Tribunal – Vol. ...
Author: Hans Smit* Published: June 1999 Topics: Authority of the Arbitral Tribunal AAA Description: Regrettably, but understandably, arbitrators sometimes make mistakes. Since there generally is no appeal from an arbitral...
Correcting Arbitral Mistakes – Vol. 10 No. 2
...but Not Stitch Arbitral Awards The issue becomes even sharper when we distinguish between setting aside and modifying an arbitral award. Both the majority and the dissent in Gayatri Balasamy...
Severability and Slippage: Rethinking Judicial Modification in Gayatri Balasamy
Author: Stavros Brekoulakis* Published: December 2006 Topics: Arbitral Awards Effects Parties Third Parties in Arbitral Proceedings Description: I. INTRODUCTION Interest in the topic of an arbitral award’s effect and res...
The Effect of an Arbitral Award and Third Parties in ...
...is to liberalize procedures for enforcing foreign arbitral awards. The Convention does so principally by limiting the grounds on which an arbitral award may be denied recognition or enforcement. The...
Lack of Jurisdiction and Forum Non Conveniens as Defenses to ...
...arbitral jurisdiction, the procedural fairness of the arbitral proceedings that resulted in the award, and public policy considerations. The recognition and enforcement of foreign money judgments in the United States...
The Recognition and Enforcement of Foreign Arbitral Awards as Foreign ...
...in various stages of the negotiation and the transaction, by having only one of them sign the underlying contract and the arbitration agreement. Arbitral tribunals and courts felt that keeping...
Law Applicable to the Extension of the Arbitration Agreement to ...
...to arbitrators the power to adjudicate it and thus authorize the arbitrators to award appropriate remedies. An award of compensatory damages is, of course, the ordinary remedy in international commercial...
Interest as Damages in International Commercial Arbitration – Vol. 4 ...
...to materialize. However, the latter is closer to an interpretational rule, and only requires invocation by arbitral tribunals. Broadly, ‘systemic integration’ refers to the principle that even if a tribunal...
Systemic Integration: Resolving the Dichotomy of Competing Obligations in International ...
...continuing arbitral proceedings, the so-called anti-arbitration injunctions. In India, arbitrations are governed by the Arbitration and Conciliation Act, 1996 (“Act”), which mandates minimum interference by the Civil Courts in the...
The Muddy Waters of Anti-Arbitration Injunctions in India
...hundreds (if not thousands) of commercial arbitration cases proceed every year, and perhaps only a handful of arbitral tribunals will be faced with the nonsignatory problem: that of determining whether...