...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...
Search Results for : %Grounds for Refusal of Enforcement"
...Grounds for Setting Aside Recourse Against Award Generally Enforcement of Arbitral Awards Enforceability UNCITRAL Parties Sources of Arbitration Law UNCITRAL Model Law Description: Introduction The landmark decision of the Singapore...
Choice of Active Remedies Under the UNCITRAL Model Law — ...
...parties may rely on the judiciary for various purposes (e.g., interim relief applications, enforcement of arbitration agreements, set aside proceedings and recognition of foreign arbitration awards). This blog post will...
Provisional Measures in Aid of Arbitration in Brazil
...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...
The Veil of Acquiescence: Between the Lines of an Intuitive ...
...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 ...
...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
...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’ ...
...(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...