...upon to determine the arbitrability of a dispute at the pre-award stage in two situations: i) where reference to arbitration is sought in an existing court case (instituted in breach...
Author: Hans Smit** Published: April 2009 Topics: Arbitral Awards Appeal to Arbitral Tribunal and Annulment Enforcement of Arbitral Awards Enforceability New York Convention Description: I. INTRODUCTION Annulment of arbitral awards...
...of procedure of the territory where the award is relied upon.” The American implementing statute provides a three-year limitation period for the enforcement of foreign arbitral awards, whereas domestic awards...
Author: Sergio Le Pera* Published: March 1991 Topics: Arbitral Awards Appeal to Arbitral Tribunal and Annulment Enforcement of Arbitral Awards Enforceability ICC New York Convention Description: After five years of...
...the rendering of the award (i.e., errors arising from the award itself), and mistakes arising after the award is rendered, for example, because of a relevant contingency related to the...
...held that a successful application to annul an arbitral award had an erga omnes [owed toward all] effect. Axiomatically, there would simply be no award to enforce, an award that...
...ARIA Award for Dedication: Katie Klain Award for Exceptional Performance and Contribution to ARIA: Anna Gaberman Nikhil Mahadeva Qianhe Gao 2021–2022 ARIA Award for Excellence: Nathan Gayer de Mena...
...funding, the award review tribunal, grounds for setting aside an arbitral award, and the limitation period for enforcing an award.[12] For example, the bills would allow a party to request...
Author: Anuj Desaf* Published: June 1999 Jurisdictions: Iran United States Topics: Commercial Disputes Arbitral Awards Indemnity, Damages, Punitive Damages IUSCT Description: In 1981, the United States and Iran signed the...
...award. A court in the arbitral situs (the “vacating court”) has the authority to vacate the award under standards set out in its national arbitration law. In addition, when the...
...and re-arbitration of awards (Section III), explains the practice of setting aside awards under the Chinese Arbitration Act and specifically analyzes some of the issues involved in setting aside an...
Author: Hans Smit* Published: December 1997 Topics: Recourse Against Award Generally Description: The Supreme Court’s rulings declaring arbitrable claims under mandatory laws continue to create substantial problems. In particular, they...
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