...of the way, arbitration practitioners could instead focus on what really matters: reviewing the documents, asking deeper questions and contrasting the testimonies with the evidence. Furthermore, our inability to “read”...
Search Results for : %2Jurisdiction and Powers of the Courts in Matters of Arbitration Generally"
...Assistance in Procedural Matters Description: Section 7 of the Federal Arbitration Act (“FAA”)––which applies to any arbitration in the United States involving interstate or international commerce—provides: The arbitrators . ....
Obtaining Evidence From Non-Parties In International Arbitration In The United States – ...
...lawyer from acting in an arbitration must be decided by judges, not by arbitrators. At first glance, the case may appear to have been decided correctly. It is often said...
Disqualiying Lawyers in Arbitration: Do the Arbitrators Play any Proper ...
Published: July 1997 Jurisdiction: United States Topics: Judicial Assistance in Procedural Matters Discovery Description: This above comment had already gone to press, when the United States Court of Appeals for...
Postscriptum – Vol. 8 No. 2
...specializes in international litigation and arbitration, particularly on matters with an emerging market focus, including investment treaty arbitrations, State contracts and inter-sovereign dispute resolution. He was formerly legal counsel at...
Investment Treaty Law and International Law – Vol. 23 No. ...
...result violates the underlying wisdom that domestic disputes are inappropriate for international arbitration tribunals and such matters should be left to national courts. In any respect, the Everest Estate Tribunal’s...
Crimea and the Challenge of Jurisdiction
Author: Hans Smit** Published: December 2008 Topics: Contractual Expansion or Limitation of Judicial Review Description: I. INTRODUCTION The Supreme Court has now resolved the split in the lower courts on...
Hall Street Associates v. Mattel: A Critical Comment* – Vol. ...
...of federal courts in enforcing international arbitral awards. The issue in Baxter was whether a federal court should enforce the terms of an arbitral award which potentially mandates the parties...
Judicial Deference to the Authority of Arbitrators to Interpret and ...
...jurisdictions is not arbitrary. The U.S. has yet to modernize its arbitration law, and so the grounds for annulment provided for in the Federal Arbitration Act do not mirror those...
The Review of Arbitral Awards’ Manifest Errors of Law in ...
...of ICSID arbitration. In particular, the Convention provides a unique set of rules, embodied in Articles 53 to 55, concerning the enforcement of ICSID awards. Domestic courts have encountered difficulties...
Recognition and Enforcement of ICSID Awards: The Decision of the ...
...role for courts in addressing international disputes. In its fullest form, the doctrine supports two different aspects of that role. First, vesting courts with broad authority to apply foreign law...
Mandatory Rules In Civil Litigation: Status Of The Doctrine Post-Globalization ...
...forum courts. Their enactment has prompted considerable discussion in legal journals. This paper examines the extent to which opportunities for challenging arbitral awards in forum courts continue to exist under...