Author: Osamu Inoue** Published: February 2000 Jurisdiction: United States Topics: Enforceability of Arbitration Agreements Basic Standards of Due Process New York Convention Description: Under Article V(1)(b) of the Convention on...
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Author: Sumit Kulkarni * Jurisdictions: International India Topics: Enforcement of Arbitral Awards National Legislation Procedure for Enforcement Introduction The increasing participation of Indian corporations in global trade has resulted in...
To Do or Not To Do: The Financial Disclosure of ...
...Convention on the Recognition and Enforcement of Foreign Arbitral Awards (United Nations or New York Convention) and the 1975 Inter-American Convention on International Commercial Arbitration (Inter-American Convention) shows the willingness...
The UNCITRAL Model Law and the 1988 Spanish Arbitration Act: ...
...designed to promote effective arbitration in their respective jurisdiction(s). Examples include the New York Convention,[3] the UNCITRAL Model Law,[4] various arbitral rules (such as the IBA Rules on the Taking...
TagTime with Prof. Catherine Rogers – Does International Arbitration Enfeeble ...
...that certain disputes (e.g., consumer disputes or claims against a bankrupt company) were not arbitrable abroad, although arbitrable domestically, would be contrary to the [New York Convention]. Neither of these...
International corporate arbitration: when the arbitration clause in a corporation’s ...
...be set aside upon such party’s application.[13] Such right is also echoed in Articles V(1)(b) and V(1)(d) of the New York Convention.[14] Certain practical difficulties in conducting a remote hearing...
Is it appropriate to conduct a remote hearing under the ...
Author: Marc J. Goldstein* Published: August 2014 Description: The question of what treatment should be afforded by U.S. courts to an arbitral award falling under the New York Convention that...
Annulled Awards in the U.S. Courts: How Primary is “Primary ...
Author: Jonathan S. Sanoff** Published: March 1990 Topics: Enforcement of Arbitral Awards Enforceability New York Convention Description: In early November 1989, in a small town near Dusseldorf, a confidential settlement...
Sojuznefteexport v. JOC Oil Ltd.: A Recent Development in Theory ...
...awards across national borders—especially under the New York Convention—should be easy, simple, efficient, and consistent. It should not matter if an award rendered in Spain is enforced in Geneva, Riyadh,...
The Lesser Evil: How and Why Litigation Over Arbitration Awards ...
...& Yas Banifatemi, Negative Effect of Competence-Competence: The Rule of Priority in Favour of the Arbitrators, inEnforcement of Arbitration Agreements and International Arbitral Awards: The New York Convention in Practice...
Between Scylla and Charybdis: Should Negative Jurisdictional Decisions by the ...
...that the far more important category of “foreign” arbitrations ( those conducted outside India and covered by the New York Convention of 1958) is also intended to be covered by...
D.P. Mittal, New Law of Arbitration ADR & Contract in ...
...the Southern District of Texas under Article V(2)(b) of the New York Convention on the grounds that enforcing a contract procured by bribery violates U.S. public policy. The case raised...