...the enforceability of the arbitral award. This article will analyze the effects of economic sanctions at each stage of an arbitration proceeding by referencing various case laws and provisions prevalent...
Search Results for : "Enforceability"
...Supreme Court in K.K. Modi v. K.N. Modi articulated the essential elements of an arbitration agreement—binding intention, arbitrability, enforceability, and impartial adjudication. Yet, despite this modern statute, judicial inconsistency persisted....
India’s Pathological Arbitration Clauses: Time for a Doctrinal Cure
...M&A transaction that includes complicated business issues. Fourth, the enforceability of arbitration awards is generally stronger than litigation court judgments. Under the authority of the New York Convention on the...
Arbitration In Cross-Border Merger & Acquisition Transactions: An Advantage?
...interim measures, the law has fostered a favorable environment for arbitration in Brazil. The limited grounds for review of arbitral awards further reinforce the finality and enforceability of awards, making...
Mining Arbitration in Brazil
Author: Hans Smit** Published: July 1997 Topics: Operation and Effects Enforceability of Arbitration Agreements Enforceability Description: Judges appear to find it awfully difficult not to interfere with arbitration agreed upon...
May an Arbitration Agreement Calling for Institutional Arbitration be Denied ...
...offers neutrality in a world where domestic courts may be perceived as politically aligned, offers enforceability through the New York Convention, and permits the appointment of arbitrators with expertise. ...
Tariffs, Sanctions and Cross-Border Contracts: International Arbitration Lessons from India
...a “liberal federal policy favoring arbitration agreements.”[16] This policy requires the courts to adhere to a “broad principle of enforceability” concerning the terms of arbitration agreements, including confidentiality provisions.[17] In...
Confidentiality in International Commercial Arbitration: Determining Factor for Safeguarding the ...
Author: Rada Lelutiu** Published: April 2004 Topics: Recourse Against Award Generally Enforcement of Arbitral Awards Enforceability Grounds for Refusal of Enforcement New York Convention Description: I. INTRODUCTION Concluded in 1958,...
Managing Requests for Enforcement of Vacated Awards Under the New ...
Author: Crina Baltag** Published: December 2009 Jurisdiction: International Topics: Enforcement of Arbitral Awards Enforceability New York Convention Description: I. INTRODUCTION The enforceability of arbitral awards is one of the main...
Enforcement of Arbitral Awards Against States* – Vol. 19 No. ...
...of American courts, which originally was to favor the enforceability of awards. At the same time, the enforceability of these agreements draws support from the policy of the American courts...
Contractual Modification of Judicial Review of Arbitral Awards: The French ...
Author: Xavier E. Romeu-Matta** Published: March 1990 Topics: Categories of Disputes Commercial Disputes Enforcement of Arbitral Awards Enforceability FAA UNCITRAL Model Law Description: In 1984, the Supreme Court held in...
New Developments in International Commercial Arbitration: A Comparative Survey of ...
...stay the enforceability of the award in accordance with the requirements of periculum in mora (danger in delay) and fumus bonis iuris (likelihood of success on the merits of the...