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...
Search Results for : %2Jurisdiction and Powers of the Courts in Matters of Arbitration Generally"
...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 ...
...at S&R Associates, where he represented multinational corporations, financial institutions and high net worth individuals in commercial disputes, arbitrations and cross border enforcement proceedings before Indian courts and arbitral tribunals....
The Nationality and Substance Thresholds in Investor-State Jurisdiction: Reassessment ...
...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...
Limiting Judicial Review in International Commercial Arbitration: The New Swiss ...
...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 ...
...the Putrabali case. It affirmed a lower French court’s judgment granting recognition of an award notwithstanding its having been annulled in the place of arbitration. It ruled that an international...
Postscript: The Cour de Cassation Decision in Putrabali – Vol. ...
Author: Report of the International Arbitration Club of New York Published: May 2013 Description: I. INTRODUCTION The international business community relies largely upon international commercial arbitration for the resolution of...
Application of the Doctrine of Forum Non Conveniens in Summary Proceedings ...
Author: Hans Smit* Published: December 1998 Topics: Confidentiality ICC WIPO Description: Confidentiality has long been touted as one of the advantages of arbitration. However, until recently, institutional rules generally did...
Confidentiality Articles 73 to 76 – Vol. 9 No. 1-4
...enforcement relies on domestic courts, the activities of which are generally not easily accessible to the international community because documents are often in native languages and not always published. Download...
The Enforcement of ICSID Awards: Revolutionary or Ineffective? – Vol. ...
Author: Hans Smit* Published: December 1997 Topics: Recourse Against Award Generally Description: The Supreme Court’s rulings declaring arbitrable claims under mandatory laws continue to create substantial problems. In particular, they...