...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...
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 ...
Author: Michael J. Donaldson* Published: December 2017 Jurisdiction: United States Topics: Effects Interpretation of the Award Contents of the Arbitration Agreement Operation and Effects Enforcement of Arbitral Awards Description: International...
The Lesser Evil: How and Why Litigation Over Arbitration Awards ...
...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* – ...
...prevailing party seeks to enforce the award in another jurisdiction, the court in which enforcement is sought (the “enforcement court”) may decline enforcement under standards set out in its national...
Enforcing Vacated International Arbitration Awards: An Economic Approach – Vol. ...
Author: Xavier E. Romeu-Matta** Published: March 1990 Topics: Categories of Disputes Commercial Disputes Enforcement of Arbitral Awards Enforceability FAA UNCITRAL Model Law Description: In 1984, the Supreme Court held in...
New Developments in International Commercial Arbitration: A Comparative Survey of ...
...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...
Overview of Securities Arbitration in Brazil: Challenges and Developments
...and litigator – he exhibited a command of both subjects and of their relationship to each other. Recent developments affecting the enforcement of both arbitration awards and foreign judgments have...
Civil Procedure Meets International Arbitration: A Tribute to Hans Smit ...
Author: Ariadne Montare* Published: October 1993 Jurisdiction: International Topics: Enforcement of Arbitral Awards Enforceability New York Convention Description: The Convention on Recognition and Enforcement of Foreign Arbitral Awards of 1958...
Circumvention of New York Convention Requirements Through Application of Domestic ...
...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 ...
...term would also play havoc with enforcement actions in New York and the United States under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. It...
Manifest Disregard of the Law in the New York Supreme ...
Authors: David Weiss* and Brian Hodgkinson** Published: December 2014 Description: I. INTRODUCTION This article explores cross-border Mediation Settlement Agreements (“MSAs”) by reviewing national laws implemented to address the enforcement and...