...of extraterritorial application of jurisdiction. The choice of seat, in this view, becomes of utmost importance, not the least because it determines whether the New York Convention and rules of...
...for challenging the award. The New York Convention, which applies in most jurisdictions, provides various grounds for defending against enforcement of an award. For instance, a court may refuse to...
Author: Zizhi (Grace) Xu* Jurisdiction: European Union United States Topics: BITs Enforcement of Arbitral Awards Sovereign Immunity New York Convention ICSID Introduction The European Court of Justice’s (“ECJ”)...
Author: Koji Takahashi** Published: April 2009 Jurisdiction: India Topics: Procedure and Grounds for Setting Aside Enforceability New York Convention Description: I. PURPOSE OF THIS ARTICLE In the judgment delivered in...
...Article V(2)(b) of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958) (“New York Convention”) and Articles 234-244 of the Russian Arbitrazh (Commercial) Procedure Code (“APC”). Article...
...Art. 1’s stipulation to enforceability under the New York Convention). [22] Id. [23] Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“New York Convention”), June 6, 1958, Art....
...Convention by the United States, it is useful to briefly review its provisions. The Panama Convention is very similar to the New York Convention on the Recognition and Enforcement of...
...created by the ICSID Convention, in which awards are enforceable in any contracting state—would require a multilateral treaty. In this context, the New York Convention on Recognition and Enforcement of...
...the Model Law and New York Convention, concluding that the statutory position is unclear and domestic positions varied.[18] The issue with such anti-arbitration injunctions is two-fold. Firstly, there is historical...
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...
...Law (UNCITRAL). The Convention contains a framework for the cross-border recognition and enforcement of mediated settlements, designed to provide mediation with an analogue to the 1958 New York Convention on...
...(1958)1 (the “New York Convention” or “Convention”). For over 50 years, the New York Convention has served two principle purposes, each of which relates to the enforcement of agreements to...
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