...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"
...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
...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
...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: ...
...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 ...
...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
...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. ...
...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
...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 ...
...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
...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 ...
...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...