...forecloses a court from applying its domestic measures for validity of awards by substituting, instead, a limited menu of reasons why a court presented with a foreign arbitral award may...
Search Results for : %Court Decisions"
...Swedish courts have prompted comprehensive consideration of the subject. That consideration is attempted here. On March 30, 1999, the Svea Court of Appeal in Sweden, rendered a most important decision....
Breach of Confidentiality as a Ground for Avoidance of the ...
...court decisions in New York, which has created some uncertainty in this area, particularly as regards foreign arbitral awards. The uncertainty concerns the availability of lack of jurisdiction of the...
Lack of Jurisdiction and Forum Non Conveniens as Defenses to ...
...Southland and restore to state courts freedom from the FAA on federalist grounds. In an era where some have heralded the return of a Supreme Court that strongly supports states’...
From Hostility to Harmony: Buckeye Marks a Milestone in the Acceptance of ...
Author: James M. Gaitis* Published: May 2005 Topics: Commercial Disputes Arbitral Awards Reasons Court Decisions Contractual Expansion or Limitation of Judicial Review Description: I. INTRODUCTION Just as is true with...
International and Domestic Arbitration Procedure: The Need for a Rule ...
Author: Hans Smit** Published: October 2003 Topics: Court Decisions Contractual Expansion or Limitation of Judicial Review Review on the Merits Enforcement of Arbitral Awards Enforceability Description: Arbitral mistakes continue to...
Another Judicial Misstep in Correcting an Arbitral Award* – Vol. ...
...was generally to limit curial intervention in the arbitral process; more particularly, it was to limit such intervention with regard to appeals to the Commercial Court on points of law...
Leave to Appeal and Australia’s Model Uniform Legislation: Curbing Judicial ...
...is one of the few court decisions concerning the implementation of the ICSID Convention. Although ICSID has been functional since 1966, few cases have arisen to test the enforcement system...
Recognition and Enforcement of ICSID Awards: The Decision of the ...
Author: Daniel C. Tepstein* Published: February 1997 Topics: Categories of Disputes Labor Arbitral Awards Amendments and Rectification Description: Download Full PDF *B.A., 1993, Loyola Marymount University; J.D., cum laude, 1997,...
Confirming An Amended Labor Arbitration Award In Federal Court: The ...
...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: Martin Kwan* Jurisdiction: Canada United States Topics: Contents of the Arbitration Agreement Enforceability of Arbitration Agreements Existence and Validity of Agreement to Arbitrate Jurisdiction and Powers of the Courts...
Unconscionable Arbitration Agreement: To Strike Down Entirely or to “Blue-Pencil” ...
...under the Ecuador-US BIT for ‘denial of justice’ due to a wrongful court order,[12] and obtained not just compensation, but also an injunction against Ecuador to nullify its state court’s...