...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...
Search Results for : %Grounds for Refusal of Enforcement"
...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...
From Hostility to Harmony: Buckeye Marks a Milestone in the Acceptance of ...
...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...
The EU-China Comprehensive Agreement on Investments – Promoting Sustainable Business ...
...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...
At the Crossroads of Legitimacy and Arbitral Autonomy – Vol. ...
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
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 ...
...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 ...
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. ...
...the paper discusses the issue of enforcement of foreign arbitral awards. Most of the countries surveyed lack the most modern provision allowing for the enforcement of such awards, i.e., the...
Review of Arbitration Law and Practice in Sub-Saharan Africa* – ...
...recognition of an arbitral award may be refused if its enforcement would be “contrary to the public policy of the country in which enforcement is sought.” Other provisions in the...
Comments on Public Policy in International Arbitration – Vol. 13 ...
...effective means of investor protection. On November 18, 2020, the Organization for Economic Cooperation and Development (OECD) published a report titled “Private Enforcement of Shareholder Rights: A Comparison of Selected...