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...
Search Results for : %Grounds for Refusal of Enforcement"
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...
May an Arbitration Agreement Calling for Institutional Arbitration be Denied ...
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...