...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...
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
...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 ...
...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...
Volume 20: Issue 3 (October 2010)
...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)...
Setting the Clock Back: Judicial Interference in the Appointment of ...
...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: ...
...at the same time an increasing number of users of arbitration are expressing dissatisfaction on various grounds. On occasion dissatisfaction is due to the fact that a party, which was...
Is Arbitration Losing Ground?* – Vol. 14 No. 3
...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
...or several of the grounds contained in the Act. The second principle is to give the arbitrator (or the panel of arbitrators), in the absence of a contrary provision in...
International Arbitration in Switzerland: First Experiences with the New Act* ...
...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. ...
...found in article 52 of the ICSID Convention that sets out the grounds for annulment. […] Since 2000, investment arbitration tribunals have construed the FET standard broadly compared to other...
Fair and Equitable Treatment as Boilerplate – Vol. 30 No. ...
...where arbitral tribunals identified “legitimate expectations” as legal grounds to find States responsible were Tecmed v. Mexico and Thunderbird v. Mexico.[22] Under this concept, investors can challenge States’ measures if...