...assessed at a second stage). Although this partial award was annulled by the State Court of Rio de Janeiro, the annulment decision is still subject to appeal and the award...
...arbitral tribunals still need to be mindful of observing the parties’ rights to be heard and treated equally in order to render an enforceable award.[11] 1. Parties’ Right To Be...
...of federal courts in enforcing international arbitral awards. The issue in Baxter was whether a federal court should enforce the terms of an arbitral award which potentially mandates the parties...
...tribunals in dealing with challenges of arbitral awards entered by ailing arbitrators, and the regulatory frameworks available to preempt such a problem. REQUIREMENTS FOR ARBITRATORS AND THE PHENOMENON OF THE...
...the case.1 Only a very bold “a-nationalist” arbitrator would uphold the parties’ agreement in these circumstances, thereby exposing the award to a challenge (and endangering his or her own future...
Authors: ARIA Editors Published: December 1999 Topics: Arbitral Awards Description: On July 28, 2000, Dr. Guillermo Gamba, of Santa Fe De Bogota, Colombia, the sole arbitrator appointed by the ICC...
...an award challenged on the grounds that the arbitrator had, against one party’s request, conducted the arbitral proceeding without an evidentiary hearing.1 In addition, extrinsic evidence submitted had been rejected...
...potentially prejudicial to Respondent by resulting in an increased amount of pre-award interest in the event of an adverse award. Ms. Bhagnani then addressed concerns specific to a remote hearing,...
...those located at the seat of an arbitration—play an important role in safeguarding arbitration’s legitimacy and efficacy.[2] During the course of an arbitration—from the pre-arbitration stage to the post-award stage—...
...need to do to give you a judgment or award on good faith?” Some obligations to examine include: (1) An obligation of cooperation amongst the contracting parties; (2) An obligation...
...foreign arbitration institutions under the Framework Plan, the nationality of arbitral awards, the definition of foreign-related disputes that can be administered by foreign institutions, and finally, the judicial support before...
...last few years, however, stronger support for delocalization, particularly in the context of enforcing locally annulled awards, has been evident in a number of jurisdictions. The delocalization theory is an...
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