Author: Hans Smit** Published: July 1997 Topics: Operation and Effects Enforceability of Arbitration Agreements Enforceability Description: Judges appear to find it awfully difficult not to interfere with arbitration agreed upon...
Search Results for : %Grounds for Refusal of Enforcement"
Author: Andrea K. Bjorklund* Published: April 2011 Jurisdiction: International Topics: Investment Disputes Enforceability Sovereign Immunity Description: “Successful” claimants in investment arbitrations increasingly find that they have earned a hollow victory...
Sovereign Immunity as a Barrier to the Enforcement of Investor-State ...
Author: Cody Olson** Published: June 2012 Description: I. INTRODUCTION In November 2007, OAO Yukos Oil Company (“Yukos” or the “Company”), a Russian open joint stock company, which a mere four...
Enforcement of International Investment Arbitration Awards Against the Russian Federation* ...
...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...
The Panama Convention and its Implementation Under the Federal Arbitration ...
...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...
Unilateral Arbitrator Appointments in the US – A tussle between ...
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...
Hall Street One Year Later: The Manifest Disregard Debate* – Vol. ...
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...
The Italian Arbitrato Irrrituale and its Enforceability under the New ...
...deeming insufficient a mere “dialogue” between institutions. What they propose instead is a theoretical fusion, on the grounds that “it is the Constitution that makes arbitration possible and provides its...
Book Review – Constitutional Arbitration: When Private Jurisdiction Meets Constitutionalism
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 ...
The DMRC Case: An Ongoing Walk to Execute Arbitration Award
...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...
ARIA Report: “Arbitration in Two Worlds: U.S. and Brazilian Perspectives ...
...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...
International Commercial Arbitration in the United States – Vol. 1 ...
...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...