Author: Michael J. Donaldson* Published: December 2017 Jurisdiction: United States Topics: Effects Interpretation of the Award Contents of the Arbitration Agreement Operation and Effects Enforcement of Arbitral Awards Description: International...
Search Results for : %Grounds for Refusal of Enforcement"
...effective means of investor protection. On November 18, 2020, the Organization for Economic Cooperation and Development (OECD) published a report titled “Private Enforcement of Shareholder Rights: A Comparison of Selected...
Overview of Securities Arbitration in Brazil: Challenges and Developments
Author: Ariadne Montare* Published: October 1993 Jurisdiction: International Topics: Enforcement of Arbitral Awards Enforceability New York Convention Description: The Convention on Recognition and Enforcement of Foreign Arbitral Awards of 1958...
Circumvention of New York Convention Requirements Through Application of Domestic ...
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 ...
...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 ...
...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 ...
...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
...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 ...
...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 ...
...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 ...
...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 ...
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...