...aside the award. Therefore, the means by which Russian courts interpret the public policy clause may be a key factor for parties in international commercial arbitration. Russian courts are generally...
Search Results for : %2Jurisdiction and Powers of the Courts in Matters of Arbitration Generally"
...York Convention Description: Federal and state courts have generally been highly receptive to the enforcement of both foreign arbitral awards and foreign judgments. However, there is recent case law, including...
Lack of Jurisdiction and Forum Non Conveniens as Defenses to ...
...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”...
Humans v. the Infernal Machine: Cross Examination in Virtual ...
...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 – ...
...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
...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. ...
...looked after on a case-to-case basis. Thirdly, reforming the rules of investor-state arbitration would involve changing the rules that govern investor-state arbitration. These changes could include making the process more...
ISDS in the Era of Mandatory ESG Guidelines: Reforming Existing ...
...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...
Limiting Judicial Review in International Commercial Arbitration: The New Swiss ...
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...