...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...
Search Results for : %Grounds for Refusal of Enforcement"
...(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
...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 ...
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: 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...
International Arbitration: Corporate Attitudes and Practices – The Business Rationale* ...
Author: Charles H. Sullivan Published: April 2009 Topics: Enforcement of Arbitral Awards Enforceability ICC Description: I. Introduction and Summary The United Nations Conference an International Commercial Arbitration was held at...
1958 Report of the U.S. Delegation to the United Nations ...
Author: Horacio Falcão** Published: December 1997 Jurisdiction: Brazil Topics: Commercial Disputes ADR Enforceability Description: On September 23, 1996, Brazil enacted its first arbitration law. The Brazilian Arbitration Law (“BAL”) was...
Recognition and Enforcement of Foreign Arbitral Awards: A New Chapter ...
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...