...LL.M. from Columbia Law School and is working toward an accelerated J.D. at Buffalo Law. Catherine Lynch, a Philadelphia native and future Delaware Superior Court clerk, attends Drexel Law and...
...Court of Western Australia, High Court of Australia. This article is based upon research undertaken during the Melbourne Law Masters coursework. The author thanks Professor Doug Jones AO for his...
...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...
...certainly knows by now, the Supreme Court, in a highly anticipated decision, has held that the FAA’s “statutory grounds for prompt vacatur and modification” may not be “supplemented by contract.”...
...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...
...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...
...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...
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...
...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...
...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...
...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...
...Convention refer to public policy only indirectly. Article II(3) provides that the court shall refer the parties to arbitration unless it finds that the arbitration agreement is “null and void,...
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