...jurisdictional findings? If courts do pass upon arbitral jurisdiction, when and how should their review be conducted? The very form in which these questions are posed creates a significant risk...
Search Results for : %2Jurisdiction and Powers of the Courts in Matters of Arbitration Generally"
...just when the New York Convention is supposed to be applied by American courts. After all, we have been living under the Convention for more than a quarter of a...
The New York Convention in American Courts – Vol. 7 ...
...Consequently, the courts have nullified such clauses because they prevent “American courts from deciding cases properly before them.” Influenced by the unanimous endorsement of Indussa by the courts, the Eleventh...
Jurisdiction At Bay? The Validity of Foreign Arbitration Clauses in ...
...scope and content of post-award review is the subject of debate. Judicial review of an arbitral decision can present an additional dilemma in international arbitration, in that courts in the...
“Manifest Disregard of the Law” and Vacatur of Arbitral Awards ...
...interim relief has largely been abandoned and the national arbitration laws either directly confer the required powers on the tribunal or entitle the parties to do so. The former approach...
The Non-Enforceability of Decisions Rendered in Summary Arbitral Proceedings Pursuant ...
...direct costs of engaging foreign counsels, and of defending itself in arbitration and parallel disputes before local courts and the Philippine Supreme Court. It also includes numerous indirect costs …...
The Philippine BIT Program and Investor-State Disputes – Vol. 28 ...
...a motion to stay litigation, or to compel arbitration. But whatever the timing, the ultimate question of the allocation of responsibility between courts and arbitrators remains. Who is to have...
The Arbitrability Question Itself – Vol. 10 No. 3
...– wherever it falls on the spectrum running from consensual settlement all the way through binding arbitration – depends in the last resort on public sanctions and the public monopoly...
Understanding (and Misunderstanding) “Primary Jurisdiction” – Vol. 21 No. 1-4
...and Finance Disputes UNCITRAL Model Law Description: The arbitrability of a dispute is one of the primary determinants of whether the said dispute can be settled by means of arbitration....
Arbitrability of Insolvency Disputes: Resolving the Conundrum – Vol. 31 ...
...this approach diverges from the cautious stance taken by other international courts (p. 8), such as the European Court of Human Rights (ECtHR) in Centro Europa 7 S.R.L. and Di...
Telling Compensable Damages Apart: Addressing Entitlement to Losses of Future ...
...be agreed upon by the parties. Where a person has not submitted to arbitration, either by means of an arbitration clause in a main contract or a separate arbitration agreement,...
The “Group of Companies Doctrine”- Where Is It Heading? – ...
...always to remain unaltered.” Concerning the standards of review available under the Federal Arbitration Act (“FAA”), it seems that federal courts in the United States have regularly followed this admonition...