...bring an action against Spain on the very same grounds under article 258 TFEU for failing to fulfill the obligations under the EU Treaties and regulations in accordance with the...
Search Results for : %Grounds for Refusal of Enforcement"
...an award challenged on the grounds that the arbitrator had, against one party’s request, conducted the arbitral proceeding without an evidentiary hearing.1 In addition, extrinsic evidence submitted had been rejected...
Oral Presentation of Evidence and the Application of the Parol ...
...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?
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 ...
...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 ...
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)
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 & ...
...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?
...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 ...
...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...
Judicial Sovereignty and Public Policy under Chinese Arbitration Law – ...
Author: Jonathan S. Sanoff** Published: March 1990 Topics: Enforcement of Arbitral Awards Enforceability New York Convention Description: In early November 1989, in a small town near Dusseldorf, a confidential settlement...
Sojuznefteexport v. JOC Oil Ltd.: A Recent Development in Theory ...
...enforcement of awards made in Belgium. Since Belgium is a party to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards of June 10, 1958 (New...