...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"
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 ...
...different socio-economic backgrounds face. 8.1 Marble ceiling in international arbitration? No empirical studies on socio-economic diversity in international arbitration are available for comparative analysis. The impact of socio-economic factors often...
A 360-Degree, Kaleidoscopic View of Diversity and Inclusion (or Lack ...
Author: J. Stewart McClendon* Published: June 1990 Jurisdiction: United States Florida Georgia Hawaii California Topics: Categories of Dispute Commercial Disputes Arbitral Adjudication Ad hoc Dispute Resolution and Litigation Enforcement of...
State International Arbitration Laws: Are They Needed or Desirable? – ...
...are engaged when attempts are made to contractually expand the grounds for judicial review set out in the Federal Arbitration Act in contrast to instances of contractual curtailment. Contractual expansion...
Ariadne’s Thread: Assessing Public Policy Limits to Contractually Modifying the ...
...and notes that documents, including electronic documents, may be withheld from production in international arbitration on grounds of privilege.[10] The London Court of International Arbitration Rules do not discuss privilege...
TagTime with Samaa Haridi – Legal Privilege in International Commercial ...
Author: Mauro Rubino-Sammartano* Published: December 2010 Topics: Authority of the Arbitral Tribunal Arbitrators and Arbitral Tribunals Arbitral Adjudication Arbitral Awards Arbitral Process Costs and Damages Dispute Resolution and Litigation Enforcement...
Third Generation Arbitration By The European Court Of Arbitration* – ...
...force and clarity of judicial deference, however, were lessened when courts began minimizing the specialty of labor arbitration and incorporated the so-called common-law grounds into the enforcement regime under the...
The Assault on Judicial Deference – Vol. 23 No. 3-4
...to justifiable and objective doubts as to the president’s impartiality, falling within one of the grounds for annulment of the arbitral award, namely, article 190(2)(a) of the Swiss Private International...
Beware of What You Tweet – Social Media and the ...
...countries, such a party may continue appealing on certain grounds and even request review by higher (specialized) judicial courts, notably the Constitutional Court or even the European Court of Justice....
A Comparative Reflection On Challenge Of Arbitral Awards Through The Lens ...
...While those grounds may raise concern of unequal treatment, they can be avoided or mitigated through pre-hearing preparation. In the Austrian case, the Austrian Supreme Court viewed parties’ arbitration agreement...
Is it appropriate to conduct a remote hearing under the ...
...Resolution of International Commercial Disputes Lawrence W. Newman III. Emerging Issues Competence to Set Aside an Award and Procedural Grounds for Refusing Enforcement: The Viewpoint and Role of the Arbitration...