...in enforcement proceedings. In the words of Lord Justice Rix: It is unsatisfactory that [it] should still be subject to any degree of controversy. One possibility, however, is that [it...
Search Results for : %Grounds for Refusal of Enforcement"
...which, in the context of compensation for expropriationm specifies the exclusion of “speculative or windfall profits” (Art. 9.2). Enforcement of Awards Despite being a signatory to the New York Convention...
India–UAE Bilateral Investment Treaty 2024: Breaking New Ground or Following ...
Author: Ira Rosenberg* Jurisdiction: United States Topics: Enforcement of Arbitral Awards Jurisdiction and Powers of the Courts in Matters of Arbitration Generally Court Decisions Suppose a foreign arbitration court, in...
Taking It Over the Finish Line: The Eleventh Circuit Suggests ...
...VII: Awards and Their Enforcement Awards and their Enforcement O.L.O. de Witt Wijnen Conciliation – Japan’s Experience – Prospects of Success in International Transactions Toshio Sawada Advocacy in Mediation Tom...
Volume 5: Issue 1–4 (December 1994)
Author: Kate Joohyun Lee** Published: September 2019 Jurisdiction: International Topics: Enforcement of Arbitral Awards Multiple Parties Court Decisions Contractual Expansion or Limitation of Judicial Review Responsibility of Parties Bankruptcy of...
Piercing the Double Veil: Enforcing Arbitral Awards Against Nonsignatories in ...
...of anti-suit injunctions internationally (Section II); c. validity and enforcement of the arbitration agreement and court referral to arbitration (Section III); d. well-informed decisions as to the issuance of an...
Validity of Arbitration Agreements, Court Referral to Arbitration and FAA ...
...from a recalcitrant party. Even here, it has been noted, the ability of arbitrators to ensure exchanges of information is uncertain, the tribunal’s power of enforcement being quite “limited” in...
Evidence and Discovery in American Arbitration: The Problem of Third ...
...for the Eleventh Circuit partially invalidated an arbitration agreement under the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”) in favor of...
The Prospective Waiver of a Statutory Claim Invalidates an Arbitration ...
Author: Franco Ferrari* Published: March 2022 Jurisdictions: International France Topics: Arbitral Process Choice of Forum and Place of Proceedings National Legislation Arbitral Adjudication Enforcement of Awards PREVIEW Given the abundance...
National International Commercial Arbitration – Vol. 32, No. 4
...& Yas Banifatemi, Negative Effect of Competence-Competence: The Rule of Priority in Favour of the Arbitrators, inEnforcement of Arbitration Agreements and International Arbitral Awards: The New York Convention in Practice...
Between Scylla and Charybdis: Should Negative Jurisdictional Decisions by the ...
...to request assistance without the arbitrators’ approval. Also, the unresolved questions about § 1782’s applicability to private arbitration create a risk that if arbitrators prevent assistance under § 1782, enforcement...
A Proposal to Clarify U.S. Law on Judicial Assistance in ...
...Commercial Disputes Committee of the New York City Bar Association Russia Report: The Enforcement of Foreign Arbitral Awards in 2015 William R. Spiegelberger The Insider Adversary in International Arbitration Frederick...