...INTRODUCTION Public Policy is a very important, albeit highly controversial, issue for the enforcement of international arbitration awards. According to Article V.2(b) of the United Nations Convention on Recognition and...
Search Results for : %Grounds for Refusal of Enforcement"
...discretion to combat costs and expedite proceedings can result in a loss of party autonomy which may lead to non-enforcement of the resulting award. To that end, it also highlights...
The Perceived Tension Between Party Autonomy and Expedited Procedure Under ...
...will likely depend on the chances of successful enforcement outside of the EU (enforcement proceedings related to the ECT are now underway in the U.S.). [1] Agreement for the termination...
Treaty Terminating the Intra-EU BITs: a Game-Changer or … Not?
Author: Michael John Volkovitsch** Published: December 1991 Topics: Categories of Disputes Commercial Disputes Enforcement of Arbitral Awards Enforceability ECJ Description: Marc Rich, the fugitive financier already familiar to students of...
When is Litigation Arbitration?: A Comment on Marc Rich & ...
Articles Application of the Doctrine of Forum Non Conveniens in Summary Proceedings for the Recognition and Enforcement of Awards Governed by the New York and Panama Conventions Report of the...
Volume 24: Issue 1 (May 2013)
...and Enforcement of Foreign Arbitral Awards (New York Convention) and ratified the New York Convention in 1960. In 1961, India enacted the Foreign Awards (Recognition and Enforcement) Act to give...
The Way Forward: An Analysis of India’s New Guidelines for ...
Author: George A. Bermann* Published: July 2011 Description: I. INTRODUCTION Rarely, over the decades following its entry into force, was the 1958 United Nations Convention on the Recognition and Enforcement...
The UK Supreme Court Speaks to International Arbitration: Learning From ...
...Recognition and Enforcement of Foreign Arbitral Awards, arbitration facilitates the recognition and enforcement of arbitration awards across international borders. It can thus provide parties with greater certainty and predictability when...
Arbitration In Cross-Border Merger & Acquisition Transactions: An Advantage?
...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. ...
...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
...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
...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)...