...two “side” agreements represent a unique approach (in their variety and breadth) to the well-recognized need for sound dispute settlement mechanisms in matters involving regional trade agreements. In this paper...
Search Results for : %2Jurisdiction and Powers of the Courts in Matters of Arbitration Generally"
...a Party Proceedings to Compel Arbitration FAA Description: This article examines the potential responsibilities of nonsignatories regarding a final award by considering court treatment of nonsignatories in arbitration agreements. In...
Piercing the Double Veil: Enforcing Arbitral Awards Against Nonsignatories in ...
...of enforcing awards annulled at the seat is one of the tools to insulate arbitral awards from undue, or unpalatable, interferences by state courts with arbitration and to deleverage the...
The Enforcement of Annulled Awards: Further Reflections in Light of Thai-Lao ...
...courts enforce agreements to arbitrate and support the autonomy of the arbitral process. Moreover, its courts have adopted a clear policy of deference to awards issued by arbitral tribunals. New...
The “Manifest Disregard of Law” Doctrine and International Arbitration in ...
...of the courts to party autonomy (Part II), and the approach of the courts to arbitration (Part III). It then turns to a consideration of the arbitrator’s dilemma (Part IV)...
A Choice of Public Law? Resolving the International Arbitration’s Dilemma ...
...in favor of a Ukrainian company under the Rules of Arbitration and Appeal of the Federation of Oils, Seeds and Fats Associations Ltd. (“FOSFA”). The predominance of this defense in...
Russia Report: The Enforcement of Foreign Arbitral Awards in 2018 ...
...generally. The expression “fair and equitable” is found not only in FET provisions in investment treaties but also in other provisions such as free transfer of funds clauses. The annulment...
Fair and Equitable Treatment as Boilerplate – Vol. 30 No. ...
...approaches to awarding interest generally in international arbitration, the issue of compound interest is especially problematic. This is due to the fact that compound interest is often singled out for...
Awarding Compound Interest In International Arbitration – Vol. 12 No. ...
...as Chief Judge of the State of New York–the other 80% of my time. In my judicial role, our Court’s encounters with arbitration can generally be summarized in just one...
Junctures: In Life and In Law – Vol. 20 No. ...
...for arbitration with sovereign entities, but for the judicial role in the enforcement of foreign awards generally. On the facts, Dallah looks very much like just another entry in a...
The UK Supreme Court Speaks to International Arbitration: Learning From ...
...is uncertain and heavily disputed. As generally understood, it alludes to the need to reconcile economic development with environmental, social, human rights, and other non-economic concerns. It is in this...
Promoting Sustainable Development in BITs: The EU Experience – Vol. ...
Author: Allen B. Green* and Josh Weiss** Published: June 2012 Description: I. INTRODUCTION International arbitral awards are generally expected to be enforceable worldwide. The international community has provided a set...