...Rules and Guidelines: A Comparative Analysis Peter J.W. Sherwin and Douglas C. Rennie Two to Tango: Domestic Grounds for Vacatur Under the New York Convention Harout Jack Samra The Unilateral...
Search Results for : %Grounds for Refusal of Enforcement"

...practitioners in the current marketplace. He also highlighted the importance of law firms as training grounds for the professionals of the arbitration community. Yasmine Lahlou, on her part, acknowledged the...
Columbia Arbitration Day 2020

...but Rolls-Royce moved to quash them on the grounds that a private foreign arbitration proceeding does not count as a “foreign or international tribunal” under §1782(a).[7] The Seventh Circuit ruled...
The Significance of Servotronics in Determining Discovery Procedures in Private ...

...elevated merely based on deference or comity. On similar grounds, the tribunal in Libananco v. Turkey adhered to the preponderance of evidence standard, asserting that while fraud is a serious...
Leniency Agreements and the Standard of Proof in Investor-State Arbitration: ...
...control measures on various grounds: inter alia, the abuse of process, indirect expropriation, and normative stability as host-States’ obligation. The two tribunals were aware that much was at stake for...
Tobacco Control Measures and International Investment Law After Philip Morris ...
...inadequate scope of coverage. By invoking any one of these grounds, parties sought to eliminate the arbitral tribunal’s authority to rule on submitted matters. Party consent is … Download Full...
Shattering the Barrier of Inarbitrability – Vol. 22 No. 4
...defer or dismiss litigation of a Convention case on the grounds that it constitutes an “inconvenient” forum? A decade ago a federal district court in Monde Re, “relying on the...
The Errors of Comity: Forum Non Conveniens Returns to the Second ...

...further argued that the retired chief engineer was not disqualified under any of the grounds mentioned within the fifth schedule. Therefore, there should be no bar for him acting as...
Single-Party Arbitrator Nomination as a Ground of Annulment in India

...essential to also understand that when states on fair, reasonable grounds and with due diligence of the law expropriate due to environmental concerns in public interest, the quantum of compensation...
Enforcing Arbitral Awards on Expropriation Under the Environmental Magnifying Glass

...Release states that the applications are blocked by the Government on grounds of public order and public interest. Therefore, India may argue that the measures under the Press Release are...
India’s ban on Chinese apps: Could India face the fire ...

...will give them time-bound monopoly rights to exploit the invention and to stop others from using their vaccine without their consent. However, on public policy grounds, countries can put restrictions...
The Connection Between a COVID-19 Vaccine, Compulsory Licensing and Potential ...
...critical result-determinative decisions to admit or reject defenses solely on evidentiary grounds. Considering that almost every arbitral case is decided on the basis of evidence, a careful examination of the...