Search Results for : %Grounds for Refusal of Enforcement"
...enforcement and the choice-of-law rule to the arbitration agreement A third option is to use the “law of the place of probable enforcement of an eventual award”, in case this...
Author: J.P. Duffy** Published: April 2009 Jurisdiction: United States Topics: Enforcement of Arbitral Awards Enforceability New York Convention Description: I. INTRODUCTION In the spring of 2008, the U.S. Supreme Court...
Authors: Srividhya Ragavan* and Niraj Kumar Seth** Jurisdiction: India Topics: ADR Enforcement of Arbitral Awards Interest and Costs Jurisdiction and Powers of the Courts in Matters of Arbitration Generally ...
...York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“N.Y. Convention”), both an integral part of the world law of arbitration, codify widely accepted grounds for the recognition...
...give the EU the legal grounds to urge China to realize its promises to promote labor rights. In the past, the EU has raised similar claims against South Korea. For...
...enforcement of arbitral agreements and awards, and for judicial assistance without undue interference from the courts. I. THE UNITED STATES ARBITRATION ACT The United States Arbitration Act (FAA) was enacted...
...v. Cardegna on February 21, 2006. It reaffirmed two doctrines: the separability rule, which requires the enforcement of an arbitration clause irrespective of the alleged invalidity of the agreement in...
...proceedings can become excessively complex on some occasions, stating that mediation, conciliation, and additional ADR mechanisms may have advantages in helping parties identify middle grounds thanks to their procedural flexibility...
...2 of the FAA effectively restrict party autonomy. Section 2 allows a court to invalidate an arbitration clause if it violates “grounds as exist at law or in equity for...
Author: Joseph Schohl** Published: June 1991 Jurisdiction: Italy Topics: Enforcement of Arbitral Awards Enforceability New York Convention Description: The distinction in Italian law between different forms of arbitration has led...
...to refer the parties to arbitration, and even potentially significant variations in the Conventions’ provisions concerning the grounds for refusing recognition and enforcement of foreign arbitral awards. Download Full PDF...
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,...
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