...of mandatory rules before national courts is fundamentally different from their application in arbitration in that, save for the rare situation where two foreign mandatory rules are potentially applicable before...
Search Results for : %2Jurisdiction and Powers of the Courts in Matters of Arbitration Generally"
...their disputes – because arbitration is a process that improves upon the court system for dispute resolution. On this view, arbitration may be preferred to litigation because it is cheaper...
Why Arbitrate? Substantive Versus Procedural Theories of Private Judging – ...
Author: Homayoon Arfazadeh* Published: December 2003 Jurisdiction: International Topics: Public Policy Favoring Arbitration Description: I. THE “UNRULY” ALLIANCE “Public policy” has always been a source of concern for international lawyers....
In The Shadow of the Unruly Horse: International Arbitration and ...
...Relates to Waiving Judicial Control Andrea Marco Steingruber A Choice of Public Law? Resolving the International Arbitration’s Dilemma Tamieka Spencer Bruce Current Developments Arbitration and National Courts: Conflict and Cooperation...
Volume 20: Issue 1 (April 2010)
...it contradicts modern rules of arbitration, which ensure that a valid award may be rendered even if one arbitrator refuses to cooperate. A party agreeing to international arbitration legitimately expects...
The Case for Disregarding LSAS (Local Standard Annulments) under the ...
...after the victory. Indeed, Yukos Oil Company has secured a huge award in investment arbitration against Russia, but the taste of its triumph is bittersweet. Nothing is over until the...
Prospects of Enforcing the Yukos Award in Russia – Vol. ...
...dealer. No such mechanisms are readily available, however, when the parties evade the jurisdiction of the courts by submitting their disputes to arbitration. The difficulties that might then arise are...
Commercial Multi-Party Arbitration: A Case-by-Case Approach – Vol. 1 No. ...
...EU law. Three relevant recent examples may be given. […] Against this background of increasing friction between international arbitration enforcement mechanisms and other international legal regimes, it is relevant to...
The “Public Policy” Exception under the New York Convention: The ...
...Seán Duggan, Toni Henneke, Meg Kinnear, John Major & Tom Sikora, and to participants in the PCA/Houston International Arbitration Club/University of Texas Symposium: “Arbitration and National Courts: Conflict and Cooperation”...
Sovereign Immunity as a Barrier to the Enforcement of Investor-State ...
...25 and be applied by courts and investor/State tribunals. Finally, the fifth part provides the conclusions of the article. Download Full PDF *Colombian lawyer. Doctor of Laws. University of Ottawa....
New Approaches to the State of Necessity in Customary International ...
Articles The Relevance of International Standards for U.S. Courts In the Enforcement of Arbitration Agreements under the New York Convention Paul D. Friedland & Robert N. Hornick Current Developments International...
Volume 6: Issue 2 (July 1995)
...as a New Global Standard in Arbitration Rules: Is There Still a Need to Maintain the Concurrent Jurisdiction of Arbitral Tribunals and Courts for Interim Measures? Tomasz Sowa Arbitral Justice...