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...
Search Results for : %Grounds for Refusal of Enforcement"
...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. ...
...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 ...
...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 ...
...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 ...
...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 ...
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: 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. ...
...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
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...