...G. Shamoon and Irene M. TenCate “Manifest Disregard of the Law” and Vacatur of Arbitral Awards in the United States Noah Rubins Judicial Deference to the Authority of Arbitrators to...
Search Results for : "Award"
...be acceptable to the arbitral tribunal in order for it to rely on such evidence when deliberating and then determining the arbitral award. While dealing with issues of fact-finding, the...
Standard and Burden of Proof in International Commercial Arbitration: Is ...
...Los Angeles, California, in accordance with the rules of the American Arbitration Association. Any judgment upon an arbitration award may be entered in any court having jurisdiction over the parties.[5]...
Which Law Applies When Determining Whether a Non-Signatory is Bound ...
Author: Josephine K. Mason* Published: December 2010 Jurisdiction: Sudan Topics: Right to Decide ex aequo et bono International Character of Dispute International and Transnational Law Arbitral Awards Reasons Description: I....
The Role Of Ex Aequo Et Bono In International Border Settlement: ...
...bono Powers of the Amiable Compositeur Responsibility of Arbitrators Commercial Disputes Contractual or Consensual Basis of Arbitration Recourse Against Award Generally Description: I. INTRODUCTION It is a trite observation that...
The Arbitrator’s Mission and the Application of Law in International ...
...relating to arbitrators until the award is rendered. This results in a situation where there are no winners, as even if the challenge is successful, the entire arbitration is rendered...
Subject Bias – The Blurring Lines Between Practitioners and Arbitrators
Author: Athina Fouchard Papaefstratiou* Published: December 2020 Jurisdiction: France Topics: Parties Equality of Parties Interpretation of the Award Arbitral Adjudication Description: From Plato to Locke and Frege, philosophers and linguists...
Contract Interpretation Under French Law: The Contract Law Reform of ...
...of Arbitrators Composition of Arbitral Tribunal Commercial Disputes Enforceability of Arbitration Agreements Separability Recourse Against Award Generally Enforcement of Arbitral Awards Enforceability Interim Measures of Protection Description: The traditional reluctance...
The UNCITRAL Model Law and the 1988 Spanish Arbitration Act: ...
...invoke an arbitration proceeding or be bound by its award or proceeding.[6] Anti-arbitration injunctions may be issued for certain specific reasons, primarily where there are questions about jurisdiction or the...
Anti-Arbitration Injunctions: The Endless Tussle for Jurisdiction
...Judicial Decisions Manifest Disregard of the Law in the New York Court of Appeals Hans Smit Preclusive Effects of an International Arbitral Award Andreas Stier Notes & Comments Brainstorming Meets...
Volume 15: Issue 2 (December 2005)
...process paranoia” which has been defined as “a perceived reluctance by tribunals to act decisively in certain situations for fear of the arbitral award being challenged on the basis of...
Technology and Arbitration: The Age of Confidentiality Concerns and Due ...
...together with arbitration. The parties can then receive advantages of both flexibility and a binding award, which can be enforced under various national laws and the New York Convention on...