...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...
Search Results for : %2Jurisdiction and Powers of the Courts in Matters of Arbitration Generally"
...in the conduct of international arbitration. Since the passage in 1925 of the Federal Arbitration Act (the “FAA”), U.S. federal courts have managed to create out of this rudimentary and...
The UNCITRAL Model Law in State and Federal Courts: The ...
...Environmental Law and International Arbitration. Arbitration is not a distant cousin of this, it’s really integral to what we’re interested in and today’s proceedings indicate how really rich a topic...
Arbitrators and the Courts* – Vol. 21 No. 1-4
...respect to an alien, any duty imposed by international law or by treaty with his country.”[2] In the context of modern-day international investment arbitration, this is a much narrower inquiry...
Lion Mexico Consolidated v. Mexico: An Unprecedented Finding of Denial ...
...to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “Convention”) and enacted Chapter 2 of the Federal Arbitration Act in order to implement the Convention. Since...
The Relevance of International Standards for U.S. Courts In the ...
...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...
Determining Arbitral Jurisdiction: Allocation of Tasks Between Courts and Arbitrators ...
...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 ...
...an arbitrator instead allowed or even expected to be inclined at least presumptively toward the position of that appointing party? American courts generally are uncomfortable with this question, and the...
Living with the Party-Appointed Arbitrator: Judicial Confusion, Ethical Codes and ...
...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 ...
...– 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
...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 ...
...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...