...of California, that confirmed an arbitral award in favor of Toyota Motor Sales. Plaintiff Biller sought vacatur on a number of insubstantial grounds, all of which were denied by the...
Search Results for : %Grounds for Refusal of Enforcement"
...against the supplier on these grounds. The supplier argued for staying the litigation on the grounds that the distributor was bound to arbitrate pursuant to the arbitration clause in the...
TagTime with Dr. Julie Bédard*** – Who Decides: Courts or ...
...(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...
Contracting Out of the Arbitration Act – Vol. 8 No. ...
...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...