...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...
Search Results for : %Court Decisions"
...of § 1782 in the U.S. courts a topic of considerable interest among practitioners of international arbitration. In this latter connection, many courts have expressed doubts about whether § 1782...
The Extraterritorial Reach of 28 U.S.C. ยง 1782 in Aid ...
...Whatever the jurisdiction, a court will be called upon to assess whether the parties’ choice goes against one or more mandatory rules of a State to which the contract is...
How Do Mandatory Rules Of Law Function In International Civil ...
Author: Christopher R. Drahozal* Published: December 2011 Description: INTRODUCTION The standard view is that parties agree to arbitration – to use private judges rather than public court judges to resolve...
Why Arbitrate? Substantive Versus Procedural Theories of Private Judging – ...
...federal district court in Brooklyn. The first of the new processes to resolve mass claims was created by a treaty between the United States and Iran as a key element...
Mass Claims Processes – Vol. 13 No. 1-4
...“Act”). During the last two decades, federal and state courts have been called upon to interpret and apply the Convention to enforce international arbitration agreements and awards in nearly one...
Application of the New York Convention by United States Courts: ...
...into the same antiquated arbitration statute. Enacted 75 years ago as a simple procedural device to enforce arbitration in federal courts, the Federal Arbitration Act (FAA) has now been pressed...
Amending The Federal Arbitration Act – Vol. 13 No. 1-4
...of any American court, and the treatment in the United States of awards rendered in other Convention countries has been generally satisfactory. Nonetheless, unresolved problems have arisen and persist. There...
Comment on a Proposed New Statute for International Arbitration – ...
Author: William R. Spiegelberger* Published: July 2015 Jurisdiction: Russia Ukraine Europe Topics: Enforcement of Arbitral Awards Grounds for Refusal of Enforcement Description: I. OVERVIEW In 2014 the Russian courts entertained...
Russia Report: The Enforcement of Foreign Arbitral Awards in 2014 ...
...to recover from the truck dealer who, in turn, may seek relief from the manufacturer. An obvious concern in this situation is that the disputes be adjudicated consistently. A court...
Commercial Multi-Party Arbitration: A Case-by-Case Approach – Vol. 1 No. ...
...agreement shall not affect the availability of provisional relief in the ordinary courts. Others also provide that an application for provisional relief submitted to a court shall not be construed...
Provisional Relief in International Arbitration: The ICC and Other Proposed ...
...practice of national courts. But these difficulties re-emerge when national courts insist on converting into domestic currency international arbitral awards that were rendered in a foreign currency. The question of...