...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...
Search Results for : %Grounds for Refusal of Enforcement"
...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 ...
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...
Adoptive Arbitration: An Alternative Approach to Enforcing Cross-Border Mediation Settlement ...
...with other grounds for concern, such as repeated appointments in similar cases or past relationship with parties it may lead to a conflict. This is possibly because subject-matter bias, on...
Subject Bias – The Blurring Lines Between Practitioners and Arbitrators
...found in article 52 of the ICSID Convention that sets out the grounds for annulment. […] Since 2000, investment arbitration tribunals have construed the FET standard broadly compared to other...
Fair and Equitable Treatment as Boilerplate – Vol. 30 No. ...
...on 30 November 2020, Hacon J decided to stay the claim on the following alternative grounds: first, pursuant to English law, the Appellants had become parties to the Agreement as...
Which Law Applies When Determining Whether a Non-Signatory is Bound ...
...or several of the grounds contained in the Act. The second principle is to give the arbitrator (or the panel of arbitrators), in the absence of a contrary provision in...
International Arbitration in Switzerland: First Experiences with the New Act* ...
...certainly knows by now, the Supreme Court, in a highly anticipated decision, has held that the FAA’s “statutory grounds for prompt vacatur and modification” may not be “supplemented by contract.”...
Fear of Freedom* – Vol. 17 No. 4
...whether parties can contractually expand the grounds on which arbitral awards may be judicially reviewed. Both the courts and the commentators had expressed conflicting views. Professor Rau had published a...
Hall Street Associates v. Mattel: A Critical Comment* – Vol. ...
...law defense of necessity.[7] The ICSID Tribunals constituted for the investment claims brought against Argentina first tested the relationship between these two grounds of defense in investor-State arbitration.[8] Unfortunately, it...
Necessity in Investment Arbitration: Boosting the ICSID System’s Legitimacy
...at the same time an increasing number of users of arbitration are expressing dissatisfaction on various grounds. On occasion dissatisfaction is due to the fact that a party, which was...
Is Arbitration Losing Ground?* – Vol. 14 No. 3
...seen as a hindrance that holds the start of the arbitral process ransom on technical grounds. This observation has been succinctly captured by Justice Hrishikesh Roy’s dissenting opinion (Paragraph 81.5)...