...award on assumed facts’ standard, which may not cut eyes with the enforcement court, if such award’s enforcement is sought in a jurisdiction supporting the ‘manifest’ threshold. Such award may...
Search Results for : "Award"
...to award attorney fees as costs. We expressed differing views about the predictability of whether the tribunal actually would have awarded a specific dollar amount of costs had it been...
A Kiss for Arbitration Costs Allocation – Vol. 23 No. ...
...“final judgment” or “final award,” and consequently will often face greater scrutiny in the jurisdiction where enforcement is sought. Absent a designation as an arbitral award, an MSA must meet...
Adoptive Arbitration: An Alternative Approach to Enforcing Cross-Border Mediation Settlement ...
...2025) https://jusmundi.com/en/document/publication/en-indirect-expropriation; Saluka Investments BV v. Czech Republic, PCA Case No. 2001-04, Partial Award, ¶ 262 (Mar. 17, 2006). [20] Csernus, supra note 19; Methanex Corporation v. U.S., Final Award...
Could foreign investors use BITs or FTAs to sue the ...
...against an award in the primary jurisdiction, however, the award and the validity question are essentially removed to the autonomous arbitral system because award validity is no longer defeasible. Annulment...
Removing Awards to the Autonomous Arbitral System by Waiving the ...
...award touching EU public policy. Imagine a commercial tribunal applying EU law without its award ever reaching an EU court, or an EU non-signatory challenging the award from a Swiss-seated...
Once Upon a Time in RFC Seraing: the EU Frontier ...
...execution, but not from recognition or enforcement. INTRODUCTION When an award-debtor state does not voluntarily comply with a binding ICSID award, the state is in breach of its international obligations....
A Liberal Push and The Sovereign Pull: Recognition, Enforcement, and ...
...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 ...
...Rules in their arbitration clauses. Secondly, for awards rendered under the Hague Rules to hold any credibility, the enforcement states must be readily willing to enforce them.[21] The Hague Rules...
Hague Rules on Business and Human Rights Arbitration: What Lies ...
...for international awards. Countries asked to recognize and enforce awards will often be freed of the task of having to evaluate an award’s procedural legitimacy, because situs review will have...
Remarks on Amending the FAA – Vol. 13 No. 1-4
Author: Hans Smit* Published: December 2003 Topics: Enforcement of Arbitral Awards Enforceability New York Convention Description: Public policy may play a part in international arbitration in several respects: (1) the...
Comments on Public Policy in International Arbitration – Vol. 13 ...
Author: Daniel C. Tepstein* Published: February 1997 Topics: Categories of Disputes Labor Arbitral Awards Amendments and Rectification Description: Download Full PDF *B.A., 1993, Loyola Marymount University; J.D., cum laude, 1997,...