...(i) based upon any of the grounds referred to in the Federal Arbitration Act, (ii) where the arbitrators’ findings of fact are not supported by substantial evidence, or (iii) where...
Search Results for : %Grounds for Refusal of Enforcement"
...key selling point of arbitration is that final awards are rendered (and this in turn tends to require that the grounds for appeal be narrow and judicial interference minimal). On...
TagTime with Matthew Gearing QC – Appeals on Questions of ...
...(VCLT), a treaty may only be suspended or terminated based on specific grounds, such as a material breach (Article 60), impossibility of performance (Article 61), and a fundamental change of...
The ‘Abeyance’ of the Indus Water Treaty: A strategic interpretative ...
...the judgment affirms that courts may, in exceptional cases, “modify” an arbitral award, it grounds this power in the doctrine of severability. Yet a closer reading reveals a subtle but...
Severability and Slippage: Rethinking Judicial Modification in Gayatri Balasamy
Author: Li Hu* Published: January 2002 Jurisdiction: China Topics: Procedure and Grounds for Setting Aside Description: By enacting the Arbitration Act of 1994, the People’s Republic of China has established...
Setting Aside An Arbitral Award In The People’s Republic Of ...
...procedural certainty, including comparatively simpler and less formal rules of evidence promoting authoritative enforceability of the arbitral award, with limited grounds of challenge, is the apposite functional link to a...
Whether Contractual Preconditions to Arbitration should be regarded as ‘Impediments’ ...
...jurisdiction to intervene and bar arbitration if the grounds established under Section 45 of the Act were satisfied. However, the Indian judiciary’s stance on the issuance of anti-arbitration injunctions was...
The Muddy Waters of Anti-Arbitration Injunctions in India
Author: Katherine Belton** Published: May 2013 Description I. INTRODUCTION Hanotiau has questioned whether the matter of non-signatories, and the academic debate it generates, is not simply a “false problem.” Certainly,...
Game, Set, and Match: Enforcement of Arbitral Awards Against Non-Signatory ...
...persons…to submit disputes to prejudiced tribunals…” as part of the University of Chicago’s research project on arbitration history.[100] The UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards...
The Popular Meaning of “Foreign or International Tribunal” in ...
...of the enforcement of arbitral awards. That the findings coincided with the 50th anniversary of the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards was...
International Arbitration: Corporate Attitudes and Practices – The Business Rationale* ...
Author: Charles H. Sullivan Published: April 2009 Topics: Enforcement of Arbitral Awards Enforceability ICC Description: I. Introduction and Summary The United Nations Conference an International Commercial Arbitration was held at...
1958 Report of the U.S. Delegation to the United Nations ...
Author: Horacio Falcão** Published: December 1997 Jurisdiction: Brazil Topics: Commercial Disputes ADR Enforceability Description: On September 23, 1996, Brazil enacted its first arbitration law. The Brazilian Arbitration Law (“BAL”) was...