...Effect of an Arbitral Award and Third Parties in International Arbitration: Res Judicata Revisited Stavros Brekoulakis Notes & Comments The Time is Ripe for the U.S. Supreme Court to Bury...
Search Results for : %Court Decisions"
...countries. Over time some courts and many commentators have begun to consider that the annulment of an award at the seat is not necessarily preclusive of the possibility of enforcement...
The Enforcement of Annulled Awards: Further Reflections in Light of Thai-Lao ...
...words, arbitration is a legitimate and meaningful alternative to state court proceedings only when the parties have chosen this form as the preferred method of ADR. The principle of party...
A New Arbitration Law for Belgium: UNCITRAL Enters the Scene ...
...the national state court of a specific state, be it the home state of one of the parties or a third state that is neutral with regard to each of...
The Choice Between Forum Selection, Mediation and Arbitration Clauses: European ...
...conciliation and mediation in general, although occasional references will be made to Japan. Download Full PDF *Professor of Law, Sophia University, Tokyo; Attorney-at-Law; Vice Chairman, ICC International Court of Arbitration....
Conciliation – Japan’s Experience – Prospects of Success in International ...
...direct costs of engaging foreign counsels, and of defending itself in arbitration and parallel disputes before local courts and the Philippine Supreme Court. It also includes numerous indirect costs …...
The Philippine BIT Program and Investor-State Disputes – Vol. 28 ...
...playing an ever greater role in the Russian enforcing courts, assuming new forms in surprising places, all despite an express admonition from the Supreme Commercial Court (“SCC”) that it should...
Russia Report: The Enforcement of Foreign Arbitral Awards in 2018 ...
...broader scope of foreign-related disputes that can be administered by foreign institutions (Part 4); and finally, there is a concern surrounding court support before and during the arbitration proceedings and...
The Lin-Gang Framework Plan in The Shanghai Free-Trade Zone: A ...
...world are either nonexistent or too new to evaluate. Meanwhile, the International Court of Justice (ICJ), the body with potentially global jurisdiction in human rights matters, “has not lived up...
International Arbitration: The Human Rights Perspective* – Vol. 4 No. ...
...for the court supervision of arbitral awards excludes the judicial review of the merits of awards. The 1985 UNCITRAL Model Law on International Commercial Arbitration, along with the 1958 New...
At the Crossroads of Legitimacy and Arbitral Autonomy – Vol. ...
...been interpreted to “essentially sanction[] the application of the forum state’s standards of due process.” Other U.S. courts have adopted this theory. Consequently, the U.S. courts generally interpret the standard...
The Due Process Defense to Recognition and Enforcement of Foreign ...
...in a court that is not within his or her home state, due to potential language and cultural barriers. Thus, settlement of an investment dispute through the national courts of...