...to liberalize in significant measure the assistance rendered by American courts to foreign and international tribunals. As international arbitration increases its growth, the question of whether Section 1782 provides for...
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 ...
...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 ...
...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 ...
...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 ...
...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 ...
...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 ...
...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
...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 …...